Small DOHA Seal

2012 Industrial Security Clearance Decisions

 

These 1,140 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

Personal Conduct

MM12/17/2012

After a thorough review of additional evidence established at a hearing on remand, I conclude that Applicant, a government contractor, failed to mitigate Guideline E security concerns. Clearance is denied. CASE NO: 11-00180.h2


Foreign Influence; Foreign Preference; Personal Conduct

M02/21/2012

Applicant was born and educated in Morocco, came to the United States in 1999, applied for U.S. citizenship in 2004, and became a U.S. citizen in 2007. In 2004, he bought an apartment worth about $34,000 in Morocco for use by his mother. He married a citizen of Morocco in 2004, and she resides with him in the United States and intends to become a citizen. His mother, four brothers, father-in-law, and mother-in-law are citizens and residents of Morocco. He kept his Moroccan passport and national identity card after becoming a U.S. citizen, but he destroyed them when he learned that they raised security concerns. When he submitted his security clearance application, he failed to disclose two civil actions to which he was a party and some of his foreign travel, because he did not understand the questions. Clearance is granted. CASE NO: 10-04378.h1


Financial

12/31/2012

Applicant is 41 years old. He has numerous delinquent debts that are unresolved. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 12-09625.h1


Foreign Influence

12/31/2012

Applicant is close to his parents, younger brother, and two sisters, who are citizens and residents of Afghanistan. Applicant has completed over 200 combat missions with U.S. forces in Afghanistan as a linguist, showing bravery, loyalty, and fidelity to the United States. His Afghan family is immigrating to the United States. Foreign influence security concerns are mitigated, and eligibility for access to classified information is granted. CASE NO: 12-05203


Financial, Personal Conduct

12/31/2012

Applicant’s SOR alleges 22 delinquent debts or accounts, totaling $30,406. She has a history of delinquent debt and did not make sufficient progress resolving her delinquent SOR debts. On December 3, 2010, she completed her Electronic Questionnaires for Investigations Processing (e-QIP) (SF 85P), and she falsely denied that she had any reportable delinquent debts. However, she subsequently volunteered information about her delinquent debts to an investigator from the Office of Personnel Management (OPM). Personal conduct concerns are mitigated; however, financial considerations concerns are not mitigated. Her eligibility to occupy a public trust position is denied. CASE NO: 11-08325.h1


Alcohol

12/31/2012

Applicant is 45 years old. He had issues with alcohol dependence. He regularly attends Alcoholics Anonymous and has a strong support network. Applicant mitigated the security concerns under Guideline G, alcohol consumption. Clearance is granted. CASE NO: 10-11030.h1


Financial

12/28/2012

Applicant’s statement of reasons (SOR) alleges that he owed the Internal Revenue Service (IRS) $38,135 for tax year 2006, and he failed to file his federal and state tax returns in 2008, 2009, and 2010. His accountant failed to file Applicant’s tax returns as promised. Applicant paid the 2006 tax lien and filed his 2008-2010 tax returns in 2012, resolving all SOR allegations. He paid all of his state tax debts, and made a substantial, good-faith payment to address his federal tax debt. Financial considerations concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 12-00019.h1


Financial

12/28/2012

Applicant failed to mitigate the security concerns raised by her most recent bankruptcy petition, where the Chapter 13 plan had not been confirmed by the time of the hearing, and the proposed repayment plan required speculative increases in their disposable income to continue plan payments past 2014. Clearance denied.


Foreign Influence

12/27/2012

Applicant, a naturalized U.S. citizen, was born and received his undergraduate education in India. He came to the United States in 1997. His wife, who was born in India, is a naturalized U.S. citizen. Applicant’s two children were born in the United States. His mother and three siblings are citizens and residents of Israel, as are his two sisters-in-law and one of his brothers-in-law. Applicant also has one sister who is a citizen and resident of India, and he and his four siblings share an interest in a family condominium in India, valued at about $73,000. Applicant failed to rebut or mitigate the Government’s security concerns under Guideline B, Foreign Influence. Clearance is denied. CASE NO: 12-00327. h1


Financial

12/27/2012

Applicant is a 28-year-old employee of a federal contractor. The evidence shows Applicant has financial problems that are largely unresolved and ongoing. Applicant did not present sufficient evidence to explain or mitigate the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 11-06085.h1


Foreign Influence

12/26/2012

Applicant’s father and in-laws are residents and citizens of India. He also owns property there. He mitigated the foreign influence security concerns. Clearance granted. CASE NO: 11-13281.h1


Financial

12/26/2012

Applicant has been accumulating delinquent debts since 2006. Some were attributable to a marital breakup, but most of them were incurred as a result of an extra-marital affair beginning in July 2008 and two children born during that affair. Applicant filed a Chapter 13 bankruptcy petition in February 2012, but it was dismissed because he was unable to attend the creditors’ meeting due to serious illness. He filed his petition again in August 2012. As of the date the record closed, his Chapter 13 payment plan had not been confirmed. Clearance is denied. CASE NO: 11-08262.h1


Sexual Behavior; Personal Conduct

12/26/2012

On one occasion in 1991 and again on two occasions in 1995, Applicant downloaded pornographic images or erotic stories onto the company computer in his office. In doing so he misused the IT system. In 1997 or 2001, he deliberately downloaded and viewed nude and pornographic images of what he believed to be prepubescent girls in provocative poses. As recently as 2007, he downloaded and viewed adult pornography as well as Japanese cartoon images and animations and Hentai images and animations. While there is evidence of credible adverse information provided by Applicant regarding his downloading and viewing of pornographic images of prepubescent females, as well as evidence of his downloading and viewing adult pornography and cartoon pornography, there is insufficient evidence to conclude that Applicant deliberately provided false or misleading information concerning the issue of child pornography. To the contrary, with the exception of the actual year in issue (1997 or 2001), Applicant has been consistent in his rendition of the facts. Disagreeing with summarized unverified information in the record is not the same as deliberately lying or recanting what has been characterized as previous “admissions.” There are no significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information Clearance is granted. CASE NO: 11-05850.h1


Financial Considerations

12/26/2012

Applicant accumulated significant federal and state tax liabilities as well as delinquent consumer debts, following his wife's loss of her two jobs. While he has made some payment progress with his state tax debts through a payment plan, he and his wife have not been able to establish any payment plans to date to address their remaining debts. Contemplating Chapter 7 bankruptcy relief, they have taken no substantive steps to date to pursue bankruptcy protection. Financial concerns are not mitigated. Clearance is denied. CASE NO: 11-05441.h1


Financial Considerations

12/26/2012

Applicant is a 53-year old decorated military veteran. Although he was not aware of any financial difficulties until 2006, Applicant’s actual financial problems commenced in 2005. He had a good income, but he failed to make his quarterly income tax payments, and, instead, made substantial investments in land development, natural gas, and stocks. Several conditions contributed to Applicant’s subsequent financial bind, and they were largely beyond Applicant’s control: the collapse of the real estate market; his partner’s failure to pay Applicant his share of the proceeds from the land development project; the cancellation of a large contract; and his layoff and period of unemployment. In July 2010, Applicant’s delinquent accounts were discharged under Chapter 7 of the U.S. Bankruptcy Code. His income tax liens were released. Applicant now has a good income and owns several investments. There are no significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information Clearance is granted. CASE NO: 10-07465.h1


Financial

12/20/2012

Applicant’s wife has had medical problems for some time, resulting in delinquent medical debts and unpaid judgments. Applicant has a plan to address his delinquent debts. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-08375.h1


Financial

12/20/2012

Applicant is a 53-year-old employee of a federal contractor. She presented sufficient evidence to mitigate the security concerns arising from her delinquent debts. Clearance is granted. CASE NO: 11-07014.h1


Foreign Influence

12/19/2012

Applicant was born in India, and moved to the U.S. in 1996 to pursue higher education. He and his wife are naturalized U.S. citizens, and his children were born in the United States. He is in touch with several family members in India. When he became aware that his financial interests in India presented a security concern, he divested himself of all foreign financial interests. He owns a home and substantial assets in the United States. Applicant’s ties to the United States are more significant than those to his family in India. Clearance is granted. CASE NO: 12-04507


Financial; Personal Conduct

12/19/2012

Applicant mitigated the security concerns about his personal conduct because his false answers to questions about his finances were not intentional. He also mitigated security concerns about his finances because his debts arose through circumstances beyond his control, and he acted responsibly to resolve his financial obligations. Request for a security clearance is granted. CASE NO: 12-00030.h1


Drugs

12/19/2012

Applicant did not mitigate security concerns related to his history of illegal drug use between August 2004 and June 2011. Clearance is denied. CASE NO: 11-13385.h1


Financial, Personal Conduct

12/19/2012

Applicant accumulated delinquent debts during college that she did not begin to resolve until 2012. She paid five small debts and is negotiating the resolution of an automobile repossession loan, the largest debt. She failed to disclose the debts or repossession on her security clearance application, as a consequence of her previous lack of knowledge of the debts and failure to review a credit report prior to completing her application. She did not intentionally mislead the government. Applicant mitigated the security concerns raised under the financial considerations and personal conduct guidelines. Clearance is granted.


Guideline F

12/19/2012

Appeal Board cannot consider new evidence on appeal. Applicant has not demonstrated error in the Judge’s findings of fact. Adverse decision affirmed. CASE NO: 11-05492.a1


Guideline C; Guideline B

12/19/2012

Applicant’s ability to argue for an alternative interpretation of the record evidence is not sufficient to demonstrate that the Judge erred. Adverse decision affirmed. CASE NO: 10-07127.a1


Financial

12/18/2012

Applicant is 47 years old. He experienced financial difficulties due to a divorce and his frivolous spending. He owes approximately $205,000 and is unable to pay his creditors. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 12-02414.h1


Drugs

12/18/2012

Applicant is a 30-year-old employee of a federal contractor. The evidence shows Applicant has a history of drug abuse during the period 2004–2011. He did not present sufficient evidence of reform and rehabilitation to mitigate the concerns about his fitness and suitability to hold a security clearance. Clearance is denied. CASE NO: 11-14595.h1


Financial

12/18/2012

Applicant owes $20,103 in delinquent debt, including tax liens for excess unemployment benefits. Applicant assumed his spouse was making payments on his debts. He was not proactive in addressing the debts on learning of them, but he is now making payments to his creditors through his employer, who gave him a five-year loan that is being repaid by payroll deduction. Clearance granted. CASE NO: 11-09931.h1


Financial; Personal Conduct

12/18/2012

Applicant has a history of financial problems dating back to 2006. She presented no documentary evidence of efforts to resolve her delinquent debts. The evidence fails to establish Applicant’s financial responsibility in the resolution of her delinquent debts. Moreover, she has a history of violating the law, rules, and regulations. The record evidence fails to convince me of Applicant’s eligibility for a security clearance. Clearance is denied. CASE NO: 11-06202.h1


Guideline F

12/18/2012

The Judges findings contained statements which were technically erroneous. However, the errors were harmless. Adverse decision affirmed.


Guideline F

12/18/2012

An unsatisfied debt is a continuing course of conduct for purposes of DOHA adjudications. Adverse decision affirmed.


Foreign Influence

12/17/2012

Applicant has strong ties to a number of Afghani family members, several of whom are high-ranking members of the Afghani government. She also has a significant financial interest in Afghanistan. Security concerns raised under Foreign Influence were not mitigated. Eligibility for access to classified information is denied. CASE NO:12-07658.h1


Financial

12/17/2012

Applicant accrued about $65,800 in delinquent debts over the past five years. He made no progress toward resolution of any of them, and 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: 11-07103.h1


Sexual Behavior; Personal Conduct

12/16/2012

Applicant, while employed overseas in a sensitive counterterrorism position by a government agency, engaged in periodic sexual encounters with foreign national prostitutes, and had a one-time encounter in a foreign hotel steam room with a foreign national. He has had an extramarital affair unknown to his wife, his friends, or his employer since 2007. He also continues to engage in extramarital sexual behavior with females unknown to his wife, friends, or employer while on travel for the government. He has failed to mitigate sexual behavior or personal conduct security concerns. Access to classified information is denied. CASE NO: 09-06026.h1


Criminal Conduct

12/14/2012

From 2006 through 2009 Applicant committed a series of criminal and traffic offenses, including assault and battery; driving without insurance; driving while in possession of marijuana; possession or sale of methamphetamine; disturbing the peace; grand theft; and three instances of exceeding the speed limit. His criminal conduct raises security concerns under Guideline J, which were not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-07641.h1


Foreign Influence

12/14/2012

Applicant was born in Iran. She and all her immediate family have been U.S. citizens for several years. She has mitigated foreign influence security concerns. Clearance is granted. CASE NO: 12-02878.h1


Financial

12/14/2012

Applicant’s statement of reasons (SOR) alleges three delinquent debts, totaling $10,748. Unemployment and other circumstances beyond his control caused him to have delinquent debts. He paid two SOR debts and has made an offer to settle the third debt. He had insufficient financial resources to make more financial progress. Financial considerations are mitigated. Eligibility for access to classified information is granted. CASE NO: 11-07540.h1


Foreign Influence

12/14/2012

Applicant has not mitigated his connections to China. Clearance is denied. CASE NO: 11-04374.h1


Financial; Alcohol Consumption

12/14/2012

Applicant mitigated the alcohol consumption security concerns, but failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-01245.h1


Financial

12/13/2012

Applicant owned and operated a business for 20 years. When the business failed, he had business debts that he could not pay. He and his wife of 30 years separated and divorced, which led to more financial strain. He filed for Chapter 7 bankruptcy in 2012. The debts were discharged in November 2012. He has no new delinquent debt. He has mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is granted. CASE NO: 11-09334.h1


Financial; Personal Conduct

12/13/2012

Although Applicant mitigated the security concerns raised by his financial problems between 2007 and 2011, he failed to mitigate the security concerns raised by his falsifying his March 2011 clearance application. Clearance denied.


Financial

12/13/2012

Applicant is 51 years old. Due to his wife’s overspending he accumulated delinquent debts. They are now divorced. Applicant has resolved all of his delinquent debts, except one that he is paying through a payment plan. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 10-07691.h1


Foreign Influence; Foreign Preference

12/12/2012

Applicant mitigated the security concerns about his ties to family members and associates who are citizens of and reside in Pakistan. However, he failed to mitigate the security concerns raised by his renewal and possession of a Pakistani passport, two years after becoming a U.S. citizen. Clearance is denied. CASE NO: 12-07667.h1


Financial

12/12/2012

Applicant is a 27-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 11-08087.h1


Financial

12/12/2012

Applicant is a 35-year-old employee of a federal contractor. He willfully defaulted on two mortgage loans. He failed to provide sufficient evidence to mitigate the security concerns arising from the mortgage loans. Clearance is denied. CASE NO: 11-07747.h1


Guideline F

12/12/2012

The Judge made explicit findings about the mitigating evidence cited by Applicant. Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed.


Drugs; Personal Conduct

12/12/2012

Applicant has not mitigated his three years of drug use while holding a security clearance; or his falsification concerning that conduct on a Government questionnaire. Clearance is denied. CASE NO: 11-01911.h1


Guideline F

12/12/2012

The Judge’s explanation for his adverse decision—Applicant’s failure to address her debts until recently—is reasonable given is unchallenged findings of fact. Adverse decision affirmed.


Financial

12/11/2012

Applicant developed financial problems after his divorce. He settled three debts and is on a payment plan for the remaining delinquent debt. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-09321.h1


Financial

12/11/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 11-08543.h1


Financial Considerations

12/11/2012

Applicant is 28 years old. He was laid off from his job at the same time he completed college. Since being employed he has been addressing his debts responsibly. Applicant mitigated the Financial Considerations trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 11-08393.h1


Financial Considerations; Personal Conduct

12/11/2012

Applicant is 32 years old. She has numerous delinquent debts that are unpaid or unresolved. She intentionally failed to disclose her delinquent debts on her public trust application. Applicant failed to mitigate the financial considerations and personal conduct trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 11-07237.h1


Financial

12/11/2012

Applicant fell behind on his credit card payments when his federal and state tax returns were audited in 2009, and he was determined to owe about $22,882 in federal income tax and $1,436 in state income tax. The state tax was collected by garnishment of his pay, and he negotiated an installment agreement for his federal income tax. He has negotiated a payment agreement for one delinquent credit card account, settled one, and incorporated three in a debt resolution plan. Two are unresolved. At the hearing, he was unsure whether all the debts alleged in the SOR were included in his debt resolution plan, and he was unsure whether he had delinquent debts that were not included in his plan. He was familiar with the status of the tax debts at the hearing, but did not demonstrate a good grasp of his overall financial situation. Clearance is denied. CASE NO: 11-04255.h1


Financial

12/10/2012

Applicant has had a history of overdue debts due to long and contentious divorce and child care litigation with her alcoholic and abusive husband. She has filed for bankruptcy four times, the first three being dismissed. Her current attorney has represented that the fourth bankruptcy will shortly discharge all of her overdue debts. Mitigation has been shown. Clearance is granted.


Criminal Conduct; Alcohol

12/10/2012

Applicant engaged in multiple acts of criminal conduct that occurred from 2001 to 2009, primarily as a result of his alcohol abuse. Applicant last consumed alcohol in September 2008, and he averred that he would never consume alcohol in the future. Based on Applicant's credible testimony that he would never again consume alcohol, plus the strong recommendations from people who know him well, and his improved overall conduct, mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct; Financial

12/07/2012

Applicant was discharged from the Navy in 2004 after he tested positive for marijuana. From 2008 through 2011, he accumulated $35,000 of delinquent debts that remains unresolved. When he completed a security clearance application, he failed to disclose the marijuana incident and his delinquent debts. He mitigated the drug related security concerns based on the passage of time without evidence of other illegal drug- related incidents. He failed to the security concerns raised under the financial considerations and personal conduct guidelines. Clearance is denied.


Alcohol Consumption; Personal Conduct

12/07/2012

Applicant abused alcohol from his mid-teens through his 40s. He has maintained sobriety since January 2007 and he continues to be involved with Alcoholics Anonymous. In completing a security clearance application in 2011, however, he intentionally failed to disclose alcohol counseling and treatment received in 2005 and 2007. Applicant failed to mitigate personal conduct security concerns. Clearance is denied. CASE NO: 11-07798.h1


Financial

12/07/2012

Applicant failed to mitigate security concerns raised by his failure to file federal income tax returns for tax years 2001 through 2009. Clearance denied. CASE NO: 11-07357.h1


Foreign Influence; Outside Activities

12/07/2012

Applicant did not mitigate the security significance of his extensive contacts with another country, which included its diplomatic personnel. Clearance is denied. CASE NO: 11-04542.h1


Psychological Disorders; Personal Conduct

12/07/2012

Applicant is 33 years old and employed as a Software Quality Engineer by a defense contractor. Her history of mental illness, diagnosed as Schizoaffective Disorder with a bipolar feature, which began in 2005 and has continued to the present poses a significant security risk. Clearance is denied. CASE NO: 10-093464.h1


Alcohol; Criminal Conduct; Personal Conduct

12/07/2012

Applicant had multiple instances of driving under the influence (DUI) and other alcohol-related misconduct between April 1983 and July 1988, while he was on active duty in the U.S. Navy. He completed a Navy alcohol rehabilitation program in December 1988, and he had no further alcohol-related incidents until he was arrested for DUI in September 2008. He disclosed his September 2008 DUI on his security clearance application (SCA), but he did not disclose his earlier alcohol-related misconduct. Security concerns based on alcohol consumption and criminal conduct are mitigated, and the allegation of falsifying his SCA has been refuted. Clearance is granted. CASE NO: 10-01952.h1


Drug Use; Personal Conduct

12/06/2012

Applicant used illegal drugs from 2006 until 2011, including after obtaining a security clearance. He intentionally falsified his March 2009 security clearance application and lied to the OPM investigator in his 2010 interview. Eligibility for a security clearance is denied. CASE NO: 11-14403.h1


Financial; Personal Conduct

12/06/2012

Applicant has a history of financial problems dating back to 1999. He presented no documentary evidence of efforts to resolve his delinquent debts. The evidence fails to establish Applicant’s financial responsibility in the resolution of his delinquent debts. He does not have a viable plan to resolve his delinquent debt, and he is not in control of his financial situation. Moreover, he falsified his November 2011 security clearance application. The record evidence fails to convince me of Applicant’s eligibility and suitability for a security clearance. Clearance is denied. CASE NO: 11-06480.h1


Financial

12/06/2012

Applicant is a 57-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: 11-05335.h1


Personal Conduct; Alcohol

12/06/2012

Applicant furnished to the Government incomplete, untruthful answers regarding his employment termination record, his military discharge, his police record, and his drug usage, including while he was holding a security clearance, on a Security Clearance Application. Applicant's alcohol abuse has resulted in a DUI conviction in 1992, termination from his employment in 2007, and a guilty plea for Unauthorized Use of a Motor Vehicle in 2009. While Applicant claims he no longer consumes alcohol, it is far to soon to conclude that he will not repeat his pattern of abstention from alcohol for periods of time and then a return to consumption, as he has done many previous times. Mitigation has not been shown. Clearance is denied.


Foreign Influence

12/06/2012

Applicant is a U.S. born citizen and resident. Applicant's mother, two brothers, three nieces and one nephew, and seven aunts and uncles along with their spouses are all U.S. born citizens and residents. Applicant served his country honorably in the USMC and in state National Guards. Applicant's wife was born in the Ukraine, but is now a U.S. resident and plans to eventually become a United States citizen. Applicant's contact with and feelings for his mother-in-law, father-in-law, and brother-in-law in the Ukraine are extremely limited. His friendship with the person, who is a dual citizen of Belarus and the United States, has ended. Applicant owns a home in the United States, and he has additional assets here. He has no assets outside of the country. Mitigation has been shown. Clearance is granted


Financial; Personal Conduct

12/06/2012

Applicant has had a history of many 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 I; Guideline D; Guideline E

12/06/2012

The Judge’s finding that Applicant sought out and obtained appropriate, non-sexual contact with young girls runs counter to the record evidence. The presumption that the polygrapher carried out his with good faith and regularity has not been overcome. The Judge improperly substituted a favorable credibility determination for record evidence. Favorable decision Remanded.


Guideline F

12/05/2012

The Judge’s failure to make a finding regarding the conflicting evidence of the amount of Applicant’s monthly remainder of discretionary income was error. The error is harmless in this case, given Applicant’s failure to contact his creditors. Adverse decision affirmed.


Guideline K

12/05/2012

The Judge made sustainable findings that Applicant had inappropriately disclosed sensitive information. The record supports the Judge’s findings and adverse conclusions. Adverse decision affirmed


Alcohol; Criminal Conduct

12/05/2012

Applicant is a 35-year-old employee of a defense contractor. He was awarded nonjudicial punishment for alcohol-related offenses in 2005. He was convicted of a 2011 Driving Under the Influence offense. He has received alcohol treatment on four occasions. At the time of the hearing, he had not consumed alcohol in the past 462 days and was participating in Alcoholics Anonymous meetings about three times a week. He has significantly changed his lifestyle and is committed to remaining sober. He provided sufficient evidence to mitigate the security concerns arising from his alcohol consumption and criminal conduct. Clearance is granted. CASE NO: 10-06907.h1


Guideline J; Guideline H; Guideline E

12/05/2012

Applicant’s argument that he omitted embarrassing information from his security clearance applications out of concern for his job does not demonstrate error. Specifically the Judge considered Applicant’s explanation in concluding that the Applicant deliberately falsified his applications. Adverse decision affirmed.


Financial

12/04/2012

Applicant filed a petition for Chapter 13 bankruptcy in 1995, which was dismissed for failure to make the required payments. He filed a petition for Chapter 7 bankruptcy in 2004 and received a discharge in January 2005. After his Chapter 7 discharge, he accumulated numerous delinquent debts, including the nine delinquent debts totaling about $19,492 that are alleged in the SOR. Clearance is denied. CASE NO: 11-08559.h1


Financial

12/03/2012

Although Applicant has made some progress in reducing his financial delinquencies, the financial impact of a recent marital separation has cast uncertainty on his ability to continue his payment plan. Clearance is denied. CASE NO: 11-03282.h1


Financial

11/30/2012

Applicant is a 36-year-old employee of a federal contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 11-07068.h1


Financial

11/30/2012

Applicant became seriously delinquent on the mortgages on the home that he had shared with his ex-wife. He chose to default on the mortgages to trigger the foreclosure process, but he is now in the process of resolving the debt through a short sale of the property. He has no other past-due obligations. Clearance granted. CASE NO: 11-06993.h1


Financial

11/30/2012

Applicant has more than $109,000 in delinquent debt, primarily student loans which started accruing in 2000. He hired a credit repair company to dispute several debts. However, he provided no evidence of concrete steps to make pay or establish payment plans for any of the debts. Eligibility for a position of public trust is denied. CASE NO: 11-05227.h1


Financial

11/30/2012

Applicant works for a defense contractor. He has eight delinquent debts totaling $281,078. His actions to resolve these debts in the past four years resulted in none of them being resolved. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 11-04949.h1


Financial, Personal Conduct

11/30/2012

Applicant's negotiation and settlement of five out of six creditors warrants a finding in her favor under the financial considerations guideline. On the other hand, Applicant's contradictory explanations for falsifying her security form in February 2010, and her current refusal to admit she falsified the form continues to raise trustworthiness and security concerns under the personal conduct guideline that have not been mitigated. Eligibility for access to classified information is denied.


Financial

11/29/2012

Applicant relied upon his wife to manage and pay all of their financial obligations. The couple had a combined annual gross income of approximately $200,000. When their finances fell into disarray, Applicant and his wife separated, and they later divorced. Applicant declined at least one offer of full-time employment, and at the time of his hearing, he had not had gainful employment for over 14 months. He was being supported, in part, by family members and his former wife. In September 2012, he sought protection from his creditors by filing a Chapter 7 bankruptcy petition. Applicant failed to mitigate security concerns under the financial considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 12-04934.h1


Foreign Preference; Personal Conduct

11/29/2012

Applicant failed to mitigate the security concerns raised by his falsification of an employment questionnaire and his security clearance application, as well as his drug use while working as a law enforcement officer. Clearance is denied. CASE NO. 12-00910.h1


Financial; Personal Conduct

11/29/2012

Applicant has a history of financial problems dating back to 1999, evidenced by his failure to pay his taxes. He has made some efforts to resolve his tax problems, but his financial problems remain. The evidence fails to establish Applicant’s financial responsibility in the resolution of his delinquent debts. He does not have a viable plan to resolve his delinquent debt, and he is not in control of his financial situation. Moreover, he falsified his last two security clearance applications. The record evidence fails to convince me of Applicant’s eligibility and suitability for a security clearance. Clearance is denied. CASE NO: 11-08546.h1


Financial

11/29/2012

Applicant is 32 years old and employed as an Avionics Mechanic by a defense contractor. His history of excessive indebtedness has not been resolved. Clearance is denied. CASE NO: 11-07834.h1


Financial

11/29/2012

Applicant divorced in October 2009, retired from the U.S. Navy in January 2010, and incurred a substantial alimony arrearage and delinquent debts due to unemployment, underemployment, and irresponsible spending. He has made substantial progress is reducing the alimony arrearage but has taken virtually no action to resolve his other delinquent debts. Clearance is denied. CASE NO: 11-07676.h1


Foreign Influence; Foreign Preference

11/29/2012

Applicant is a citizen of Columbia and possesses a Columbian passport, both of which he is unwilling to relinquish. He also has a mother-in-law, father-in-law, and high school friends in Columbia. Security concerns raised under Foreign Preference and Foreign Influence are not mitigated. Eligibility for access to classified information is denied. CASE NO: 11-07290.h1


Financial

11/29/2012

Applicant is 54 years old and employed as a Senior Program Manager by a defense contractor. His history of excessive indebtedness has been resolved. Clearance is granted. CASE NO: 11-07013.h1


Financial

11/29/2012

Applicant is a 41-year-old employee of a defense contractor. He is alleged to be indebted to 3 creditors in the approximate amount of $234,703. Applicant mitigated the Financial Considerations security concerns because the debts were caused by unforeseen circumstances beyond his control and he acted responsibly by resolving the outstanding debts. Eligibility for access to classified information is granted. CASE NO: 11-07000.h1


Financial

11/29/2012

Applicant is a 30-year-old employee of a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is granted. CASE NO: 11-06126.h1


Outside Activities, Foreign Influence

11/29/2012

Applicant is a U.S. citizen who operates a company incorporated in Singapore. Principals and board members of his company are foreign citizens. At least 40 percent of his annual income derives from his foreign company. He also has relationships, contacts, or financial interests in other foreign organizations. Security concerns under Guidelines L and B are not mitigated. Clearance is denied. CASE NO: 11-04513.h1


Drugs; Personal Conduct

11/29/2012

Applicant abused marijuana socially at parties once or twice a month between November 2004 and March 2007. She abstained while pregnant and following the birth of her daughter until January 2008. From January 2008 until June 2010, she used marijuana at least 10 to 15 times. Applicant does not intend to use any marijuana or other illegal drug in the future. However, personal conduct concerns persist because she was not candid about her marijuana abuse on two security clearance applications. Clearance denied. CASE NO: 11-03142.h1


Drugs; Personal Conduct

11/28/2012

Applicant did not falsify his security clearance application, as he fully disclosed his involvement with marijuana on his application and during the course of the ensuing background investigation. However, in light of his 12-year history of frequent marijuana use, which only ended in late 2010, the past two years of abstinence is insufficient to dispel the security concerns raised by his past drug use. Clearance is denied. CASE NO: 11-07492.h1


Financial

11/28/2012

Applicant failed to mitigate the security concerns raised by his May 1996 and January 2009 bankruptcy discharges both of which were due largely to his imprudent spending and his $26,000 in unresolved state and federal income tax liens. Clearance denied.


Financial

11/27/2012

Applicant's financial delinquencies were caused by a number of external factors, including, among other things, employment instability and medical expenses. As Applicant's career prospects began improving in 2006, her salary increased, enabling her to address her delinquencies. Currently, she has contacted nearly all of her creditors, either satisfying them entirely, arranging payment plans, or disputing them. Although the amount outstanding remains significant, I am confident that she will continue to satisfy her delinquencies, given her efforts thus far. Clearance is granted. CASE NO: 12-00852.h1


Foreign Influence; Handling Protected Information; Personal Conduct

11/27/2012

Applicant is 35 years old. He refuted handling protected information security concerns, and he mitigated foreign influence security concerns, but he has not mitigated personal conduct security concerns raised when he asked a reserve military member to falsify or omit information about her contact with Syrian nationals. Clearance is denied. CASE NO: 11-12461.h1


Financial

11/27/2012

Applicant incurred delinquent debt because he used credit cards to purchase items that he wanted. He paid one debt through garnishment and others through settlement agreements. He has not inquired about the majority of his debts from the creditors or attempted to resolve the debts. His delinquent debt and lack of financial action establishes a security concern. He failed to mitigate the financial security concern. Access to classified information is denied. CASE NO: 11-09196.h1


Financial

11/27/2012

Applicant admitted 21 of 22 delinquent debts alleged in the SOR, which are unresolved. Clearance is denied. CASE NO: 11-04418.h1


Financial Considerations; Criminal Conduct; Personal Conduct

11/27/2012

Applicant has more than $650,000 in unresolved debt. He rebutted the criminal and personal conduct concerns, but failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-03581.h1


Financial, Personal Conduct

11/27/2012

The Government established 28 separate allegations under Guideline F – two allegations of financial criminal conduct and 26 delinquent debts totaling $27,723. The Government also established that Applicant falsified his e-QIP by failing to list any of those 28 allegations. Eligibility for access to classified information is denied. CASE NO: 11-02932.h1


Foreign Influence

11/26/2012

Applicant is a naturalized U.S. citizen, whose brother, three sisters, and other family members are resident citizens of his native Nigeria. He owns his previous residence in Nigeria, although he signed over control and use of this home to a pastor in Nigeria. Foreign influence concerns raised by these foreign relationships and assets are overcome by his ties to the United States developed since he immigrated with his immediate family in April 2004. Clearance granted. CASE NO: 11-08270.h1


Guideline J; Guideline E

11/26/2012

Applicant failed to rebut the presumption that the Judge considered all of the evidence. Applicant failed to rebut the presumption that the Judge was unbiased. Adverse decision affirmed. CASE NO: 11-05027.a1


Financial

11/26/2012

Applicant has a history of financial problems dating back to 1991. Some of his financial problems were caused or aggravated by circumstances beyond his control, and he recently started making some efforts to resolve his financial problems. Notwithstanding, the evidence fails to establish that Applicant showed financial responsibility in the acquisition and resolution of his delinquent debts. He also failed to timely file his income tax returns and to pay his taxes. It is too soon to conclude that Applicant has a viable plan to resolve his delinquent debt, and that he is in control of his financial situation. At this time, the record evidence fails to convince me of Applicant’s eligibility and suitability for a security clearance. Clearance is denied. CASE NO: 11-02441.h1


Guideline G; Guideline E; Guideline F

11/26/2012

The Judge’s material findings were supported by substantial record evidence. The standard applicable to DOHA adjudications is whether it is clearly consistent with national security for Applicant to have a clearance. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Adverse decision affirmed. CASE NO: 11-02311.a1


Financial; Personal Conduct

11/26/2012

Applicant accumulated a number of delinquent debts attributable to business losses and his wife's unemployment. He also failed to timely file federal and state tax returns. Applicant documented his filing of his federal and state tax returns and mitigates security concerns over the status of his tax returns. Except for the debts covered by his vehicle and home lenders, he failed to provide any documentation of successful payment plans regarding the other listed debts, and does not mitigate financial concerns over these debts. Further, Applicant does not mitigate security concerns associated with his misstatements and omissions covering his prior work history. Clearance is denied. CASE NO: 10-07504.h1


Financial

11/23/2012

Applicant failed to pay federal income taxes in 2000, 2003, 2004, 2005, 2006, 2007, 2008, and 2009. He also failed for several years to address a judgment entered against him as the co-signer of a loan taken out by his stepdaughter. While Applicant has obtained a payment agreement for his tax year 2000 delinquent federal income tax debt and has made consistent payments, he has no plan in place to resolve his remaining unpaid federal tax debts. Applicant failed to mitigate security concerns resulting from his unresolved financial delinquencies. Clearance is denied. CASE NO: 12-07681. h1


Drugs

11/23/2012

Applicant used marijuana about 60 times between 2005 and August 2011. During that period, he was 19 to 25 years old and was attending undergraduate and graduate school. Since August 2011, he has not used marijuana and has obtained a job. He no longer associates with drug users and signed a statement indicating his intent to abstain from illegal drugs in the future. He has mitigated the drug involvement security concerns. Eligibility for access to classified information is granted. CASE NO: 12-03923.h1


Financial

11/23/2012

Applicant has two delinquent mortgage loans that are unpaid. She recently submitted a letter attempting to settle one of the loans. She claims that the other loan has been forgiven, but she failed to submit sufficient documentation to support her assertion. She has not mitigated the financial considerations security concern. Eligibility for a security clearance is denied. CASE NO: 11-08386.h1


Financial

11/23/2012

Applicant did not mitigate the financial considerations security concerns alleged in the statement of reasons. Eligibility for access to classified information is denied. CASE NO: 11-04339.h1


Personal Conduct

11/23/2012

Applicant failed to mitigate security concerns arising from his personal conduct. Eligibility for a security clearance is denied. CASE NO: 11-00566.h1


Financial

11/21/2012

Applicant admitted a delinquent home-equity line of credit for about $26,848, which is unresolved. Clearance is denied. CASE NO: 11-03138.h1


Financial Considerations; Foreign Preference

11/20/2012

While Applicant is identified as a principal co-owner of the company, she has not been involved in decisions regarding business or investments. Instead, she left all such decisions to her husband and merely signed documents presented to her for signature by her husband. The business downturn and the devastation of the national and local economies were largely beyond Applicant’s control, although some decisions made by her husband were clearly within his sole control. He failed to understand the full dynamics of the situation. Focusing on his big technology project – to the detriment of his core business – Applicant’s husband incurred substantial development expenses and costs. He gambled on success, and leveraged their rental properties to generate additional funds. He chased his losses hoping to cash in with eventual success. Applicant’s husband had to make a business decision of either shutting down his project and losing what he had already put into it, or continuing with his efforts. He needed more time and more money to accomplish his goals, so he chose the latter option. Accounts became delinquent. Applicant’s husband eventually managed to resolve 10 of the 33 delinquent accounts listed in their combined SORs, and they are currently awaiting action on the remaining accounts. Her use of a British passport after she became a naturalized U.S. citizen was purely for convenience, and she has turned the passport over to the facility security officer. There are no significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information Clearance is granted. CASE NO: 12-00720.h1


Guideline F

11/20/2012

Applicant admitted most of the SOR allegations. Other record evidence includes credit reports, Applicant’s answers to interrogatories and his security clearance application. The Judge had sufficient record evidence to conclude that Guideline F security concerns had been raised.


Guideline F

11/20/2012

The record supports a conclusion that Judge examined the relevant data and articulated a satisfactory explanation for the decision. Adverse decision affirmed.


Financial, Personal Conduct

11/20/2012

Applicant accumulated 15 debts totaling $82,191. He demonstrated that he had paid, settled, or successfully disputed all of these debts. Furthermore, he retained the services of a credit counseling service and established a viable budget. He also retained an attorney to resolve one of his more difficult debts. Applicant also demonstrated that purported falsification concerns were unfounded. Eligibility for access to classified information is granted. CASE NO: 11-02781.h1


Financial Considerations; Sexual Behavior

11/20/2012

There is little evidence of improper Sexual Behavior, but the Applicant still has a $45,000 debt that is past due, despite having the benefit of two Chapter 7 Bankruptcies. Clearance is denied. CASE NO: 11-02007.h1


Guideline G

11/20/2012

Applicant cites to favorable record evidence. Applicant’s ability to interpret the record differently is not sufficient to demonstrate that e Judge erred. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

11/20/2012

Applicant is a 27-year-old employee of a defense contractor. He has an extensive history of criminal actions, traffic infractions, and irresponsible financial decisions. He appears to be headed in the right direction. However, he has not yet established a track record of responsible behavior sufficient to warrant a security clearance. Clearance is denied. CASE NO: 11-00168.h1


Financial Considerations; Foreign Preference

11/19/2012

While the business downturn and the devastation of the national and local economies were largely beyond Applicant’s control, some decisions made by him were clearly within his sole control. He failed to understand the full dynamics of the situation. Focusing on his big technology project – to the detriment of his core business – Applicant incurred substantial development expenses and costs. He gambled on success, and leveraged his rental properties to generate additional funds. He chased his losses hoping to cash in with eventual success. Applicant had to make a business decision of either shutting down his project and losing what he had already put into it, or continuing with his efforts. He needed more time and more money to accomplish his goals, so he chose the latter option. Accounts became delinquent, but Applicant eventually managed to resolve nearly 50 percent of his delinquent accounts, and he is currently awaiting action on the remaining accounts. His use of a British passport after he became a naturalized U.S. citizen was purely for convenience, and he has turned the passport over to the facility security officer. There are no significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information Clearance is granted. CASE NO: 11-15269.h1


Financial; Personal Conduct

11/16/2012

Applicant has seven delinquent debts totaling about $170,399. He has resolved two credit card debts and has credibly challenged the amount due on his delinquent mortgage. The other four debts are unresolved. He falsified his security clearance application by failing to disclose that he had delinquent debts that had been referred to collection agencies and credit cards that had been suspended for nonpayment. Clearance is denied. CASE NO: 11-07821.h1


Sexual Behavior, Personal Conduct, Criminal Conduct

11/15/2012

Applicant committed sexual crimes in 2001, 2005, and 2006. He exaggerated the therapy and counseling he received after the most recent offense on his SF 86 and during two interviews conducted by Office of Personnel Management (OPM) investigators. Sexual behavior, criminal conduct, and personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 11-00326.h1


Foreign Influence

11/14/2012

Applicant is a naturalized U.S. citizen who lives in the United States with his immediate family. He has mitigated the foreign influence security concerns. Eligibility for a security clearance is granted. CASE NO: 11-08281.h1


Drugs; Personal Conduct

11/14/2012

Applicant smoked marijuana twice in 2009 after his state decriminalized possession of one ounce or less of the drug. He exercised poor judgment and violated the trust placed in him by the Department of Defense (DOD) when he used marijuana while possessing a secret security clearance. Yet there is little risk that he will use marijuana or any illegal drug in the future. Clearance granted. CASE NO: 11-06164.h1


Guideline F

11/14/2012

A party’s ability to argue for a different interpretation of the record evidence is not sufficient to demonstrate that the Judge weighed in the evidence in a manner that was arbitrary, capricious, or contrary to law. Once the Government presents evidence of security concern, the burden of persuasion shifts to the applicant. Adverse decision affirmed. CASE NO: 11-05490.a1


Criminal Conduct; Personal Conduct

11/14/2012

Applicant was arrested for drug-related conduct in November 1993 and April 2000, after which he moved to a new location and stopped his involvement with drugs. He was arrested for grand larceny in June 2011, but the charges were unfounded. He did not disclose his drug-related arrests on his security clearance application because he mistakenly believed that he was not required to disclose arrests that were more than seven years old. Clearance is granted. CASE NO: 11-02623.h1


Guideline F

11/14/2012

Applicant raised no assertion of harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 10-10994.a1


Foreign Influence; Personal Conduct

11/14/2012

Applicant is a native of Bangladesh, has been a U.S. citizen since 1996, and has held a security clearance since April 2003. He has one brother who is a citizen and resident of the United States, one sister who is a citizen and resident of the United Kingdom, and three brothers and three sisters who are citizens and residents of Bangladesh. When he submitted security clearance applications in 2001 and 2007, he listed only the brother who lives in the United States, the sister who lives in the United Kingdom, and one brother who lives in Bangladesh. After a security interview in November 2009, he voluntarily contacted a security investigator and provided complete information about all his family members. Security concerns about foreign influence and personal conduct are mitigated. Clearance is granted. CASE NO: 08-03428.h1


Criminal Conduct; Alcohol

11/09/2012

Applicant is 43 years old and employed as a Help Desk Technician for a defense contractor. He is an admitted alcohol, who has a recent pattern and history of alcohol abuse involving three arrests for DUI that occurred within the past nine years, that has not been mitigated by sufficient evidence of rehabilitation. He continues to consume alcohol and remains on probation for his most recent DUI until 2014. Applicant's access to sensitive information is denied. ADP CASE NO: 11-13402.h1


Guideline B; Guideline C

11/09/2012

The Judge agreed to hold the record open after the hearing until October 5, 2012 for the receipt of supplemental written materials. The Judge then issued a final decision on September 28, 2012. Adverse decision remanded.


Alcohol; Personal Conduct

11/09/2012

Applicant has mitigated the security significance of his history of alcohol abuse and related personal conduct through abstinence and successful treatment. Clearance is granted. CASE NO: 11-02078.h1


Personal Conduct; Sexual Behavior; Criminal Conduct

11/09/2012

Applicant is 56 years old and employed as a Structural Engineer by a defense contractor. He did not intentionally provide false information regarding his pornography use to the Government. His addiction to internet pornography that includes viewing images of nude women and under-aged females at work on the company computer and masturbating to the images has not been sufficiently mitigated. His viewing of under-aged females on his company computer is also criminal and has not been mitigated. Clearance is denied CASE NO: 10-10726.h1


Personal Conduct

11/09/2012

Applicant has given conflicting stories about a medical and psychological condition he suffered from in 1997 and 1998. His conduct showed poor judgment, lack of candor and dishonesty. Clearance is denied. CASE NO: 08-09175.h1


Financial

11/08/2012

Applicant has addressed all of his alleged back taxes. Clearance is granted. CASE NO: 11-14994.h1


Financial

11/08/2012

Applicant is a 50-year-old employee of a defense contractor. In the past ten years, he has received two Chapter 7 bankruptcy discharges. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 11-05932.h1


Financial

11/07/2012

Applicant accumulated significant delinquent debt over the last 10 years. Some of her financial problems may have been caused or aggravated by circumstances beyond her control, and she made some efforts to resolve her financial problems. Notwithstanding, the evidence fails to establish that Applicant showed financial responsibility in the acquisition and resolution of her delinquent debts. She is not in control of her financial situation. It is too soon to determine whether Applicant has a viable plan to resolve her delinquent debt. The record evidence fails to convince me of Applicant’s eligibility and suitability for a security clearance. Clearance is denied. CASE NO: 11-00319.h1


Drugs; Personal Conduct

11/06/2012

Applicant smoked marijuana twice in college in 1997 or 1998 and once in August 2010 at his brother’s engagement party. Applicant raised doubts about his judgment by using marijuana while possessing a secret clearance issued in 2002, but there is little risk that he will use marijuana or any illegal drug in the future. Clearance granted. CASE NO: 11-08269.h1


Financial Considerations

11/06/2012

Applicant failed to present evidence of a plan to rehabilitate her financial situation or resolve her $44,000 in delinquent debt. Clearance is denied. CASE NO. 11-03235.h1


Sexual Behavior; Personal Conduct

11/06/2012

Applicant failed to mitigate the sexual behavior and personal conduct security concerns generated by his viewing adult and child pornography on his U.S. Army-issued laptop computer and failing to be forthcoming about this conduct during the investigative process. Clearance is denied. CASE NO: 11-01538.h1


Drug Involvement; Personal Conduct

11/06/2012

Applicant's three time marijuana usage was three years ago. He has foresworn any future use of any illegal substance. Clearance is granted. CASE NO: 10-04448.h1


Financial

11/06/2012

Applicant bought numerous properties starting in the 1980s. Between January and May 2007, he obtained three home equity loans and two mortgage loans totaling more than $640,000. In 2009, he was unable to meet the payments on his mortgage and home equity loans, when the market declined and he had to lower rents. He unsuccessfully tried to short-sell several properties. Two mortgage loans were foreclosed, and two home equity loans were charged off, which total approximately $600,000. Applicant provided no evidence of a plan to resolve the debts. Clearance is denied. CASE NO: 10-02947.h1


Financial

11/2/2012

Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 11-05928.h1


Financial

11/02/2012

Applicant and his spouse owe over $40,000 in delinquent debt incurred primarily in the construction of a new home that they lost to foreclosure before it was finished. Their mortgage lender paid the delinquent taxes, around $49,925, on the property and charged off their loan deficiency of $71,055. Their financial difficulties were due in part to a loss of Applicant’s business income, but the concerns about Applicant’s financial judgment are not fully mitigated. Clearance denied. CASE NO: 11-04088.h1


Foreign Preference; Personal Conduct

11/02/2012

Applicant’s repeated falsifications and false statements raise questions about his reliability, trustworthiness, and ability to protect classified information. He mitigated the Guideline C security concerns, but failed to mitigate the Guideline E concerns. Clearance is denied. CASE NO: 06-23613.h1


Financial

10/31/2012

Applicant is a 32-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: 11-13602.h1


Financial Considerations

10/31/2012

Applicant has two unresolved judgments and six collection accounts, which total in excess of $52,000. He has made no payments on these delinquent accounts nor established any repayment plans with the creditors. He has failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-11081.h1


Financial

10/31/2012

Applicant has been steadily employed for the past four years. He has satisfied one of his seven delinquent debts, has a payment plan in place to satisfy another, and provided documentation to establish that a third debt has been resolved by judicial action. However, he is responsible for three other outstanding debts that total over $17,000. Two of those outstanding debts are over seven years old, and Applicant has not established agreements with the creditors to satisfy the debts. While he stated that he would pay his two large delinquent debts in the future, Applicant had no plans in place to pay the debts, and his current financial situation demonstrates that he lacks sufficient resources to do so. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 11-09047.h1


Sexual behavior; Criminal Conduct

10/31/2012

Applicant is a 49-year-old employee of a defense contractor. In August 2005 Applicant pled guilty to three counts of Indecent Assault and Battery on a Child Under 14. As a result of the guilty plea, he was placed on probation for ten years and required to register as a sex offender. His criminal conviction and sexual conduct raises security concerns under Guidelines D and J, which are not mitigated. Eligibility for access to classified information is denied. CASE NO: 11-06598.h1


Financial

10/31/2012

Applicant mitigated the security concerns raised by her history of financial problems by beginning to address her debts once she obtained stable employment, making substantial progress on her debts before the SOR was issued, and resolving all her debts by the time of her hearing. Clearance granted.


Foreign Preference; Foreign Influence

10/31/2012

Applicant obtained a temporary one-year Israeli passport after becoming a U.S. citizen and used it to visit Israel in 2008. His parents, spouse, child, and one sibling are citizens and residents of the United States. His two other siblings are permanent residents of the United States. He has an aunt, uncle, and two cousins who are citizens and residents of Israel, and two friends who are Israeli citizens residing in the United States. His Israeli passport expired, and he does not intend to renew it. He has initiated the process of renouncing his Israeli citizenship. Clearance is granted. CASE NO: 11-03162.h1


Drugs; Personal Conduct

10/31/2012

Applicant used marijuana frequently and gave prescription medications to two friends during his first year of college. He steadily decreased his marijuana use in college, last using it in June 2010, shortly after graduation. He experimented with psilocybin mushrooms twice in 2010. Although he no longer uses drugs, he continues to associate with marijuana users and frequents places where marijuana is used. Security concerns raised by his drug use are mitigated, but security concerns raised by his continuing involvement with drug users and frequenting places where drugs are used are not mitigated. Clearance is denied. CASE NO: 11-02477.h1


Financial; Personal Conduct

10/31/2012

Applicant’s financial problems were attributed to his wife’s crippling and costly injuries caused by two rear-end collisions, and to the unexpected and costly medical and dental procedures for his children. Applicant now spends about $9,000 to $10,000 per year on just medical expenses. His wife receives between 30 and 60 injections each month as well as daily pain medication. She is no longer able to work, reducing the two family incomes to one income. Applicant unsuccessfully attempted to obtain a consolidation loan; he successfully withdrew funds from his 401(k) retirement account; he met with an attorney and rejected the option of declaring bankruptcy under Chapter 7; he sought financial counseling; he contacted his creditors or collection agents; he prioritized his delinquent accounts; and he has resolved several accounts and is in the process of resolving several others. Under his repayment plan, Applicant intends to pay his creditors off one bill at a time. Relying on the erroneous advice of his attorney, Applicant did not list a felony charge in his SF 86. The charge had been dismissed and the records were sealed and expunged. There are no significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 11-01086.h1


Foreign Influence

10/29/2012

Applicant serves with the U.S. forces as an interpreter in a Central Asian nation. His father, a former senior officer in that nation's military, now is a permanent resident in the U.S.; and as such, he does not have any foreign influence vis-a-vis his son. Clearance is granted. CASE NO: 10-05308.h1


Financial; Personal Conduct

10/26/2012

Applicant accumulated 22 debts totaling $99,294. He accrued these debts as a result of being unemployed or underemployed from 2005 to 2009. The vast majority of these debts were student loans, which he consolidated and set up a payment plan. The remaining debts have either been paid or payment plans have been established. In short, he has resolved all 22 debts. Falsification allegations were determined to be unfounded. Clearance is granted. CASE NO: 12-03403.h1


Financial

10/26/2012

Applicant is a 43-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems related to marital troubles, which is a circumstance largely beyond his control, and it is a circumstance unlikely to recur given his recent divorce. He has made a good-faith effort to resolve some of the financial problems, and he has a reasonable plan to resolve others. Applicant presented sufficient evidence to mitigate the security concerns stemming from his problematic financial history. Clearance is granted. CASE NO: 11-01833.h1


Financial

10/25/2012

Applicant is 39 years old and employed as a Chief Operating Officer for a defense contractor. His excessive indebtedness caused by a divorce and the expense of a start-up company, with no income for nine months, has been mitigated by sufficient evidence of rehabilitation. His past due indebtedness has been resolved and he is current with his bills. Clearance is granted. CASE NO: 11-11848.h1


Personal Conduct

10/25/2012

Applicant falsified his March 2010 security clearance application with regard to a 2009 illegal use of marijuana. He mitigated the past marijuana use, but he has not mitigated the personal conduct security clearance concerns regarding the falsification. Eligibility for a security clearance is denied. CASE NO: 11-08631.h1


Foreign Influence; Personal Conduct

10/25/2012

Applicant did not mitigate the foreign interest security concerns based upon his considerable property interest in India. The Government established that Applicant exercised poor judgment concerning several personal conduct areas. Applicant failed to mitigate this concern. Eligibility for access to classified information is denied. CASE NO: 11-01618.h1


Personal Conduct; Financial

10/25/2012

Applicant failed to mitigate the Personal Conduct and Financial Considerations concerns. He was involved in an alcohol-related accident while on duty in 2010 and continues to deny he was drinking prior to the accident. His credit card has been in collection status since 2009 and he has yet to take any concrete action to resolve the debt. Clearance is denied. CASE NO: 11-00483.h1


Foreign Influence

10/25/2012

Applicant serves with the U.S. forces as an interpreter in Central Asia. His father, a former senior officer, now is a permanent resident in the U.S.; and as such, has no and desires no foreign influence vis-a-vis his son. Clearance is granted. CASE NO: 11-00204.h1


Financial Considerations

10/25/2012

Applicant had three unresolved debts, which totaled in excess of $23,000. She is making monthly payments on each of the debts. Applicant has rebutted or mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 10-10349.h1


Sexual Behavior; Personal Conduct

10/25/2012

Applicant had inappropriate sexual contact with his infant son, and he provided intentionally false information during a background investigation. Clearance is denied. CASE NO: 10-03291.h1


Financial Considerations

10/24/2012

Applicant has two unresolved debts, the result of vehicle repossessions, which total more than $31,000. Applicant has failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 12-02373.h1


Financial

10/24/2012

Applicant is a 58-year-old employee of a defense contractor. He is alleged to be indebted on five delinquent accounts in the approximate amount of $422,935. Applicant has mitigated the Financial Considerations security concerns because the debts were caused by unexpected events beyond his control and he has acted responsibly by negotiating repayment agreements on all of his outstanding accounts. Eligibility for access to classified information is granted. CASE NO: 11-07551.h1


Financial

10/24/2012

Applicant accumulated significant delinquent debt over the last 10 years. Some of his financial problems were caused or aggravated by circumstances beyond his control, and he recently started making some efforts to resolve his financial problems. Notwithstanding, the evidence fails to establish that Applicant showed financial responsibility in the acquisition and resolution of his delinquent debts. It is too soon to determine whether Applicant has a viable plan to resolve his delinquent debt, or that he is in control of his financial situation. Clearance is denied. CASE NO: 11-07346.h1


Financial

10/24/2012

Applicant mitigated the Financial Considerations concern. She is a single mother who has raised four children on her own. Her past debts are largely attributable to the lack of financial support from her children’s father and her estranged husband’s wrongful act of removing the family from his health insurance. Applicant was left responsible for paying the medical bills for her children, which amounts to a significant portion of her outstanding debt. She has been making consistent, monthly debt repayments for the last 18 months and is in the process of resolving her financial situation. Clearance is granted. CASE NO: 11-07015.h1


Sexual Behavior, Personal Conduct

10/24/2012

Based on incriminating comments attributed to Applicant during an interview with another government agency in 2010, his security clearance and access to sensitive compartmented information (SCI) were revoked. However, Applicant did not engage in criminal conduct nor did he have the specific intent to do so. Clearance is granted. CASE NO: 11-06260.h1


Financial

10/24/2012

Applicant’s financial problems commenced with his purchase of a residence in 2006. He remedied those financial problems until March 2010 when he was denied a loan modification and the mortgage lender demanded $10,000. He was unable to pay that amount. The mortgage loan became delinquent and went to a pre-foreclosure status. Applicant put the residence on the market for sale, and watched its value plunge, in part because of the actions of his mortgage lender (including the trashing of the house), and in part because of the devastated economy and local housing market, from almost $200,000 to about $30,000 to $40,000. He tried to avoid foreclosure through HAFAP and a “deed-in-lieu” application. Neither application was approved. He has attempted short sales, but the untimely responses of the mortgage lender discouraged would-be purchasers. He has requested an independent foreclosure review. There are no significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 11-06119.h1


Financial

10/24/2012

Applicant is 54 years old and employed as a Web Technologist for a defense contractor. His excessive indebtedness partially caused by his wife's loss of employment has not been sufficiently mitigated. Although he hired a law firm to assist him in resolving his delinquent debts; and they went bankrupt after the Applicant paid their fees, he has had sufficient time to re-address his delinquent debts, and he has not done so. He plans to file bankruptcy in December 2012, but at this time he remains excessively indebted. His past due indebtedness has not been resolved. Clearance is denied. CASE NO: 11-05910.h1


Financial

10/24/2012

Applicant exhibited sound judgment when he paid or resolved all of his debts, which arose through circumstances beyond his control. Applicant's request for a security clearance is granted. CASE NO: 11-03547.h1


Guideline F; Guideline D; Guideline J; Guideline E

10/24/2012

Judge resolved all but the Guideline E concerns in Applicant’s favor. Under Guideline E, Judge concluded that Applicant’s two job losses for misconduct, a false statement, and a failure to inform his employer of criminal charges constituted security concerns that Applicant had not mitigated. Applicant on appeal failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 11-03294.a1


Financial

10/24/2012

Applicant is 32 years old and employed as a Customer Service Representative by a defense contractor. His excessive indebtedness caused by his second wife, who was financially irresponsible, is currently being resolved. Clearance is granted. CASE NO: 11-02744.h1


Drugs; Personal Conduct

10/24/2012

Applicant failed to mitigate the Drug Involvement and Personal Conduct concerns. She used marijuana while possessing a security clearance and failed to disclose this adverse information on her security clearance application (SCA). She only revealed the adverse information after being repeatedly questioned by a government investigator. Clearance is denied. CASE NO: 10-07685.h1


Financial; Personal Conduct

10/23/2012

Applicant accumulated ten debts totaling $32,415. He has made little or no documented effort to repay, settle, or resolve his delinquent accounts or maintain contact with his creditors. Additionally, he falsified his security application seven times by failing to disclose information pertaining to previous employment problems or any of his delinquent debts. No mitigating conditions fully apply. Clearance is denied. CASE NO: 11-02080.h1


Foreign Influence; Financial

10/23/2012

Applicant failed to mitigate the Foreign Influence and Financial Considerations concerns. His foreign family members in Afghanistan place him at a heightened risk of foreign exploitation. Also, he has a significant amount of delinquent debt that he has not resolved and his financial situation appears to be getting worse. Clearance is denied. CASE NO: 10-05565.h1


Financial

10/22/2012

Applicant had two debts totaling $244,309 that arose from a home foreclosure. He encountered financial difficulties after being forced to relocate to a different neighborhood for safety reasons followed by a loss of income after his wife was laid off. Applicant has since resolved both debts. Eligibility for access to classified information is granted. CASE NO: 11-06786.h1


Guideline F; Guideline E

10/22/2012

Applicant’s contentions that he was denied due process were without merit considering (1) the claim that he was denied representation by counsel is negated by the fact that he elected to have the case decided without a hearing; and (2) the SOR was sufficient to place Applicant on notice of the security concerns alleged under Guideline E and to enable him to prepare his case for mitigation. Also, the Judge’s findings concerning which of Applicant’s debts had been paid were sufficient in light of Applicant’s admissions that he owed the debts. Under Guideline E, the Judge’s conclusion that Applicant’s omissions on his security clearance application were deliberate is supported by the record. Adverse decision affirmed.


Financial

10/22/2012

Applicant incurred more than $62,000 in delinquent debts over the past six 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: 11-05321.h1


Financial

10/18/2012

When he discovered that the value of his residence had fallen below the value of his mortgage, Applicant chose not to sell his property at a loss, and hoped the economy and the local housing market would rebound and make a prompt, full recovery. So he did essentially nothing. He used his credit cards for everyday living expenses. Applicant refused to address his ten delinquent accounts totaling approximately $725,152. He did not settle any of his delinquent debts because of the potential tax consequences he might face if he did so. He considered filing a Chapter 13 bankruptcy, but changed his mind because he did not wish to take five years to resolve his financial situation under Chapter 13. Instead, he concluded that it was better to “resign” from his employment, and file a Chapter 7 bankruptcy to have all of his delinquent debts discharged. But even that action has yet to be undertaken by him. There are significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information Clearance is denied. CASE NO: 11-08844.h1


Financial

10/18/2012

Applicant is a 36-year-old employee of a government contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. Case No. 11-04843.h1


Financial; Personal Conduct

10/17/2012

Applicant has not mitigated the security concerns under the financial consideration guideline. He has not resolved his delinquent debts, which total approximately $82,000. He has mitigated the personal conduct concerns. Clearance is denied. CASE NO: 11-13048.h1


Financial; Personal Conduct

10/17/2012

Applicant’s history includes a lengthy period of disregard for his financial delinquencies, which he only recently started to address; an issue of anger control stemming from his 2004 altercation with his then-fiancée; and several instances of dishonesty in 2010. Over a period of years, he continued to give the impression that he was not fired and that he had no financial delinquencies when, in fact, those impressions were false. Applicant has offered explanations for his actions. However, those explanations were simply not credible. There are significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information Clearance is denied. CASE NO: 11-04268.h1


Financial

10/16/2012

Applicant incurred over $35,000 in delinquent debts since 2008 when he lost his last steady employment for cause. He was also fired from previous jobs in 2003 and 2004. He remains unable to resolve these obligations or avoid further financial problems. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 11-04932.h1


Drugs; Criminal Conduct; Personal Conduct

10/16/2012

Applicant is a 29-year-old employee of a federal contractor. The evidence shows Applicant has a history of drug abuse (use of marijuana) and a history of criminal conduct, neither of which he fully disclosed when he completed a security clearance application in October 2010. He did not present sufficient evidence to mitigate the concerns about his fitness and suitability to hold a security clearance. Clearance is denied. CASE NO: 11-02373.h1


Alcohol

10/16/2012

Applicant refused to submit to chemical tests after he was stopped for driving under the influence of alcohol in July 2004 and February 2009. He continues to consume alcohol irresponsibly, despite completing two outpatient alcohol treatment programs. While his goal is to stop drinking, the Alcohol Consumption concerns are not fully mitigated. Clearance denied. CASE NO: 11-00811.h1


Alcohol

10/16/2012

Applicant began consuming alcohol in high school. In college, he was cited for public intoxication and underage possession of alcohol. He was cited for an open container violation in December 2002, after graduating from college. He was arrested for driving under the influence (DUI) in April 2003 and again in September 2004. After the September 2004 arrest, he completed court-ordered alcohol counseling, moderated his drinking, married in March 2008, and had a son in 2009. After he was arrested for aggravated DUI in September 2010, he voluntarily obtained treatment, abstained from alcohol until November 2011, and drank moderately until July 2012, when he decided to stop drinking entirely. He attended Alcoholics Anonymous (AA) from September 2010 to November 2011, and he resumed AA participation in July 2012. Clearance is granted. CASE NO: 11-00328.h1


Foreign Influence

10/12/2012

Applicant mitigated the security concerns raised by his relatives in India by demonstrating that none of them were situated in any way to be subject to influence by the Indian government, or Indian companies, to obtain protected information. Clearance granted.


Foreign Influence

10/12/2012

Applicant was born in Pakistan, raised in Saudi Arabia, educated at an American boarding school in Switzerland and at U.S. universities, and employed by a federal contractor. A naturalized U.S. citizen, he is married with two children. He has offered to continue to risk his life to support the United States’ goals in Pakistan, and has shown his patriotism, loyalty, and fidelity to the United States. He is fully aware of the risks to himself and family members from al-Qaida and other terrorists. These circumstances increase the probability that Applicant will recognize, resist, and report any attempts by a foreign power, terrorist group, or insurgent group to coerce or exploit him. While his parents and some siblings remain citizen-residents of Pakistan, the vast majority of his family and extended family members reside in the United States or Canada. There is a reduced “heightened risk” of foreign exploitation, inducement, manipulation, pressure, or coercion. There are no substantial questions or doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 11-06320.h1


Sexual Behavior; Foreign Influence

10/11/2012

Applicant's sexual behavior in October 2010 demonstrated extremely poor judgment by a security clearance holder. He was convicted of felony solicitation of a minor and sentenced to ten years imprisonment which was suspended. He will be discharged from probation in 2014. His limited evidence in mitigation is insufficient to resolve the sexual behavior guideline in his favor. The ties of affection that are imputed to Applicant through his spouse for his three in-laws, resident citizens of Pakistan, have not been mitigated. Eligibility for access to classified information is denied.


Foreign Influence, Foreign Preference

10/10/2012

Applicant was a dual citizen of Colombia and the United States. Applicant held a Colombian passport, but has surrendered it to her facility security officer. She also formally renounced her Colombian citizenship. Applicant’s husband and daughter are U.S. citizens, she has worked in defense contracting for many years, and she has substantial financial ties in the United States as well. Her strong ties to the United States outweigh her connections to Colombia. Clearance is granted. CASE NO: 12-03849.h1


Foreign Influence; Foreign Preference

10/10/2012

Applicant is a native-born American citizen, who has a Colombian father and lived in Colombia for several years while young. He has mitigated the security significance of his family members in Colombia, his business connections, and his use of a Colombian passport while a minor. CASE NO: 11-01560.h1


Guideline F

10/10/2012

An ability to argue for a different interpretation of the evidence is insufficient to demonstrate that the Judge weighed the evidence in a manner that arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline F; Guideline E

10/10/2012

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


Financial

10/09/2012

Applicant is a 25-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems that date back to his time in college. He incurred delinquent debts, which included collection accounts and charged-off accounts. Since obtaining stable and well-paying employment with a defense contractor in March 2011, he brought his student loans into good standing, paid two judgments, paid five delinquent debts, and he is following a reasonable and realistic plan to resolve the remaining four largest debts. Applicant presented sufficient evidence to mitigate the security concerns stemming from his unfavorable financial history. Clearance is granted. CASE NO: 11-08490.h1


Alcohol

10/09/2012

Applicant regularly consumed alcohol while underage, with two such occasions resulting in criminal charges and fines. He then underwent a year of court-ordered alcohol treatment. He had another alcohol-related conviction for Driving Under the Influence in 2009. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 11-07868.h1


Financial

10/09/2012

Applicant works for a defense contractor. He has nine delinquent debts totaling $413,903.56. Applicant’s financial problems have been ongoing since 2008. Applicant has not paid or resolved any of his delinquent debts. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 11-03168.h1


Foreign Influence; Foreign Preference

10/05/2012

Applicant is a naturalized U.S. citizen who lives in the United States with his immediate family. His assets in the United States outweigh his financial property in Turkey. His Turkish passport expired in 2005. He has mitigated the foreign influence and foreign preference security concerns. Eligibility for a security clearance is granted. CASE NO: 11-08097.h1


Financial

10/05/2012

Applicant is a 41-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems consisting of more than 20 delinquent debts for a total of more than $65,000. He was recently successful in obtaining a loan modification on his first mortgage loan, which was past due, but his second mortgage loan remains past due. Otherwise, Applicant presented little in the way of persuasive documentary evidence showing that he is making measurable progress in resolving his financial problems, and the bulk of his delinquent debts remain unresolved. Applicant did not provide sufficient evidence to mitigate the security concerns stemming from his unfavorable financial history. Clearance is denied. CASE NO: 11-05428.h1


Guideline H

10/05/2012

Given Applicant’s return to drug use, the Judge’s adverse conclusion is sustainable. The effect an adverse decision may have on Applicant is not relevant in evaluating his security elgibility. Adverse decision affirmed.


Guideline F

10/05/2012

Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed.


Guideline F

10/05/2012

The Government’s burden of producing evidence arises only in regard to controverted SOR allegations. It has no such burden regarding those that an applicant has admitted. Applicant admitted all but 7 of the 48 SOR allegations. The Judge resolved some of the controverted allegations for Applicant. The controverted allegations which the Judge found against Applicant were supported by Applicant’s credit reports. Adverse decision affirmed


Guideline F

10/04/2012

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Despite the presence of some mitigation, the record supports the Judge’s adverse conclusion. Adverse decision affirmed. CASE NO: 10-08192.a1


Guideline F

10/04/2012

Judge did not discuss whether the totality of Applicant’s efforts at debt resolution, which included a bankruptcy discharge, established a good-faith effort to resolve debts. However, the Judge’s decision is supported by the weight of the record evidence. Adverse decision affirmed. CASE NO: 10-03578.a1


Financial; Personal Conduct

10/03/2012

Personal conduct security concerns are mitigated because Applicant did not intentionally make false statements in his security clearance application. However, he did not mitigate the security concerns raised by a history of unresolved financial problems. His request for a security clearance is denied. CASE NO: 11-05746.h1


Financial; Personal Conduct

10/3/2012

In May 2012, Applicant satisfied or settled delinquent debt around $14,000, including two medical debts he did not recognize. He paid off a current car loan and addressed his spouse’s debts before his own debts, but his financial problems are resolved. He is able to meet all his expenses on his current income and is not relying on credit for new purchases. The financial considerations security concerns are mitigated. Applicant did not disclose on his security clearance application that he had used Ecstasy in 2001, for which he received non-judicial punishment. Personal conduct concerns do not warrant revocation of his security clearance because the omission was due to mistake rather than intent to deceive. Clearance granted. CASE NO: 11-03231.h1


Personal Conduct; Financial

10/02/2012

Given Applicant's credible explanations of how he has changed some of his business practices and what he would do in the future to change other practices, he has mitigated the security concerns associated with the personal conduct guideline. Applicant's six monthly payments between December 2011 and June 2012 toward the ultimate satisfaction of the civil judgment represents a meaningful track record of payments that mitigates the financial concerns. Eligibility for access to classified information is granted.


Alcohol

10/02/2012

Applicant is a 38-year-old employee of a defense contractor. He has multiple alcohol-related arrests and convictions, including three arrests for driving under the influence. He has not been arrested for an alcohol-related charge since 2005, and he currently drinks responsibly and in moderation. Clearance is granted. CASE NO: 08-10040.h1


Foreign Influence

10/01/2012

Foreign influence concerns are raised over Applicant's family members who are citizens and residents of Afghanistan. Applicant mitigates foreign influence concerns by minimizing any heightened risks associated with his cultural advisor duties. Clearance is granted. CASE NO: 10-06590.h1


Financial

09/28/2012

Applicant mitigated the financial consideration security concerns. Eligibility for access to classified information is granted. CASE NO: 11-12235.h1


Financial

09/28/2012

Applicant is a 44-year-old prospective employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. Case No. 11-09499.h1


Financial; Personal Conduct

09/28/2012

Applicant's omission of relevant financial information from her security clearance application was unintentional. Therefore, there are no personal conduct security concerns. Applicant failed, however, to mitigate the security concern raised under Guideline F, financial considerations. Clearance is denied. CASE NO: 11-06157.h1


Financial, Personal Conduct

09/28/2012

Applicant accepted a bribe while working as a military contracting officer. He was convicted at general court martial, and later discharged under other than honorable conditions. Applicant also has significant debts. He paid two small debts, and has a payment plan for his unpaid back taxes. However, he also still owes more than $47,000 in other delinquent debts, with no plan in place to resolve it. Clearance is denied. CASE NO: 11-05502.h1


Financial

09/28/2012

Applicant did not mitigate the financial considerations security concerns alleged in the statement of reasons. Eligibility for access to classified information is denied. CASE NO: 11-05492.h1


FINANCIAL

09/28/2012

Applicant is indebted to eight creditors for approximately $37,500 in unresolved delinquent debt. Clearance is denied. CASE NO. 11-04492.h1


Drug Involvement; Personal Conduct

09/28/2012

Applicant's marijuana usage was two years ago. His minor inconsistency as to that usage was a year ago. Both occurrences do not reflect on his current trustworthiness. Clearance is granted. CASE NO: 11-00193.h1


Foreign Preference

09/28/2012

Applicant, a U.S.-born citizen, requested her Mexican citizenship and passport at age 22. She was made aware that her actions indicate a preference for a foreign country over the United States. She initially was unwilling to surrender her passport (valid until 2015), or to renounce her foreign citizenship, because she wanted to work and live in Mexico along with her Mexican family members and friends. In May 2012, she stated her willingness to renounce her foreign citizenship and to surrender her foreign passport. She failed to provide evidence that she is no longer in possession of a foreign passport. Clearance is denied. CASE NO: 10-07725.h1


Foreign Influence: Foreign Preference

09/28/2012

Applicant, a U.S. citizen naturalized in 1999, exercised his Romanian citizenship when he renewed his Romanian passport and other Romanian personal identification documents in 2011. He renewed his passport to protect substantial property interests in Romania. He anticipates spending significant periods of time in Romania taking care of his elderly mother. He does not anticipate divesting himself of his substantial property interest in Romania in the near future. His access to classified information is denied. CASE NO: 10-07127.h1


Guideline B; Guideline E; Guideline F; Guideline C

09/27/2012

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Debt payment is not the only factor in evaluating Guideline F concerns. The manner and timing of repayment is also relevant. Hearing Office decisions are not mandatory authority, either for other Hearing Office Judges or the Appeal Board. CASE NO: 10-05909.a1


Drugs

09/27/2012

Applicant mitigated the security concerns stemming from his drug use while holding a security clearance in December 2009 and January 2010. Applicant's request for a security clearance is granted. CASE NO: 10-05060.h1


Guideline K; Guideline E

09/27/2012

Judge did not abuse his discretion in amending the SOR to conform to the evidence. Applicant’s testimony that he did not object to such a procedure waived the issue for purposes of appeal. The Judge properly considered non-alleged conduct in evaluating Applicant’s credibility and his case for mitigation. Adverse decision affirmed. CASE NO: 09-07219.a1


Financial

09/26/2012

Applicant is a 58-year-old employee of a federal contractor. The evidence shows Applicant was a tax protestor who has since reformed and brought himself into compliance with the IRS. He filed federal tax returns, and he entered into an installment agreement to pay back taxes owed to the IRS. Two federal tax liens for multiple tax years, filed in 2010 and 2011, respectively, were released by the IRS in September 2012. Applicant presented sufficient evidence to mitigate the security concerns stemming from his unfavorable financial history. Clearance is granted. CASE NO: 11-05620.h1


Financial

09/26/2012

Applicant bought 19 investment properties within a three-year period. He lost most of the properties to foreclosure. He opened a retail business that failed, and he defaulted on the $110,000 loan guaranteed by the U.S. Small Business Administration. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts and questionable financial decisions. Clearance is denied. CASE NO: 11-01971.h1


Personal Conduct

09/26/2012

Applicant failed to mitigate the security concerns raised by her intentional false statements in her security clearance application. Applicant's request for a security clearance is denied. CASE NO: 10-10000.h1


Alcohol; Personal Conduct

09/26/2012

Applicant is a diagnosed alcohol abuser convicted of an April 2009 driving while intoxicated (DWI) offense, his fourth alcohol-related driving incident. Despite months of counseling, he resumed drinking in situations conducive to his excessive consumption in the past. In late August 2012, he began new counseling for the education and support needed to help him make the changes necessary to prevent recurrence. The alcohol consumption concerns are not fully mitigated, but personal conduct concerns were not established because Applicant did not deliberately falsify his response to interrogatories. Clearance denied. CASE NO: 10-05120.h1


Alcohol; Personal Conduct

09/25/2012

Applicant began drinking alcohol in high school. He has been diagnosed as alcohol dependent. He denies he has an alcohol problem, and he continues to consume alcohol. In 2002, he was directed by his military command to attend alcohol treatment, which he did. After a subsequent episode of public drunkenness, he was assessed and counseled in January 2004 and administratively separated from military service for alcohol rehabilitation failure in April 2004. When he completed his security clearance application in 2010, Applicant answered “No” when asked if, in the last seven years, he had been ordered, advised, or asked to seek counseling or treatment as a result of his use of alcohol. Applicant failed to mitigate security concerns arising from his alcohol consumption and personal conduct. Clearance is denied. CASE NO: 10-10587.h1


Financial

09/24/2012

Applicant did not mitigate the financial considerations security concerns alleged in the statement of reasons. Eligibility for access to classified information is denied. CASE NO: 12-01224.h1


Financial

09/24/2012

Applicant has accumulated 13 delinquent debts totaling more than $55,000. He has satisfied one $591 medical debt. The remaining debts are unresolved, and he has no specific plan to resolve them. Clearance is denied. CASE NO: 11-07746.h1


Financial

09/24/2012

Applicant is 54 years old and employed as a Technician by a defense contractor. Applicant's history of excessive indebtedness was caused by some circumstances beyond his control, namely a debilitating medical condition and his wife's high risk pregnancy, followed by periods of disability and unemployment. Since July 2010, when he began his current employment, he has not been able to afford to tackle his delinquent debts and remains excessively indebted. At the present time, there is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 11-04680.h1


Personal Conduct

09/24/2012

Applicant was appointed as a facility security officer (FSO) when the company president lost his personnel security clearance and the company was threatened with losing its facility security clearance. Despite assurances by the president that the proposed mitigation plan would be immediately implemented as required by DSS, he refused to do so in an effort to maintain control. Applicant’s frustrations increased over the refusal to abide by the mitigation plan, and he offered the president some options, and commenced working on those options. Unhappy with Applicant’s efforts, the president terminated Applicant for cause, and later sued Applicant, but that lawsuit was settled, and the president was required to pay Applicant a substantial sum of money. The president commenced a campaign of constantly disparaging Applicant. Applicant finally had enough and sent the president two texts to get him to cease lying about him. Applicant did not intend to harm or threaten the president, and had no intention of keeping him from cooperating with the OPM investigation regarding Applicant’s security clearance review. There are no substantial questions or doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Applicant has mitigated the security concerns arising from his personal conduct. Clearance is granted. CASE NO: 09-08394.h1


Foreign Influence

09/21/2012

Applicant, a native of Germany, came to the United States in 1986 and obtained a doctorate from a U.S. university. His immediate family members are citizens and residents of Germany. He met his wife, a native of China, while they were both in graduate school. They married in 1990, and they both became U.S. citizens in 2000. They have two children, who are native-born U.S. citizens. His wife’s parents, three sisters, one brother, and their spouses and children are citizens and residents of China. Applicant holds a 35-percent interest in a company in India and has Indian friends and business associates. Foreign influence concerns are mitigated. Clearance is granted. CASE NO: 11-08233.h1


Drugs

09/21/2012

Applicant is a 55-year-old employee of a federal contractor. The evidence shows Applicant engaged in drug abuse (by using marijuana) in August 2010, while holding a security clearance. He did not present sufficient evidence of reform and rehabilitation to mitigate the serious concerns about his fitness and suitability to hold a security clearance. Clearance is denied. CASE NO: 11-06098.h1


Guideline B

09/21/2012

Applicant’s parent-in law are citizens and residents of Belarus. Applicant’s sister-inlaw is marreid to a retired high level official of the Russian army. Favorable decision reversed.


Alcohol Consumption; Drug Involvement

09/21/2012

Applicant failed to mitigate the alcohol consumption security concerns. He did mitigate the drug involvement security concerns. Eligibility for access to classified information is denied. CASE NO: 10-09767.h1


Guideline B

09/21/2012

Applicant left the employ of a Defense contractor in January 2012. Her need for a security clearance terminated prior to commencement of the hearing. Therefore, DOHA lacked jurisdiction. The Judge’s decision is reversed in the sense of that it is vacated and all proceedings after January 2012 in this case are rendered void. Favorable decision reversed.


Financial

09/21/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by her history of delinquent debts. Eligibility for access to sensitive information is denied. CASE NO: 09-03643.h1


Financial Considerations

09/19/2012

Applicant accumulated significant mortgage and consumer delinquencies following his 2002 Chapter 7 bankruptcy and struggled to address them and avert foreclosure. While he has made contact with his creditors and attempted a debt consolidation plan, he has not made any tangible payment progress to date with his debts. Applicant is well regarded by his military and civilian colleagues and shows promise in resolving his debts. However, Applicant's efforts do not mitigate financial concerns. Clearance is denied. CASE NO: 11-04176.h1


Financial

09/19/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by her history of delinquent debts. Clearance is denied. CASE NO: 10-11083.h1


Financial

09/18/2012

Applicant is 66 years old. He has credit card debts and a medical debt that have been delinquent since approximately 2009. Since 2007 he has been attempting to sell land and then he plans to use the potential profit to satisfy his debts. That has not happened. He does not have an alternative plan to pay his delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 11-07374.h1


Financial

09/18/2012

Applicant has not mitigated the security concerns under the financial guideline. He incurred delinquent debt and has not resolved the debts nor does he have a plan to do so. Eligibility for a security clearance is denied. CASE NO: 11-05776.h1


Personal Conduct

09/18/2012

Applicant mitigated the security concerns raised by his October 2009 non-judicial punishment for conduct of a nature to bring discredit on the Armed Forces by successfully completing the remaining term of his enlistment and refraining from similar conduct since October 2009. Evidence did not show that Applicant falsified his July 2010 clearance application or provide misleading information during an August 2010 subject interview. Clearance granted.


Financial; Personal Conduct

09/18/2012

Available credit information shows that Applicant owes more than $40,000 in past-due debt, including five unpaid civil judgments. In August 2012, he proposed to repay $15,892 of the undisputed debt under a debt management plan, but it is too soon to conclude that his financial problems are behind him. Applicant’s failure to disclose judgment debts on his security clearance application and his repeated driving while his license has been suspended or revoked raise serious doubts about his judgment and reliability. Clearance denied. CASE NO: 10-00885.h1


Financial Considerations

09/17/2012

Applicant accumulated significant mortgage delinquencies on his home following his loss of employment from a firm that he had been employed with for many years. With a successful loan modification, Applicant cured his loan defaults and is current with his home mortgage. Applicant is well regarded by prior officers in his Navy command and others who are familiar with his military and civilian achievements. Security concerns associated with Applicant's mortgage delinquencies are mitigated. Clearance is granted. CASE NO: 11-08530.h1


Financial

09/17/2012

Applicant accumulated delinquent federal taxes because of mistakes on his tax returns, but he has resolved them. He also accumulated three debts as a result of his marital breakup in 2005. He resolved one debt in June 2012, but he has not contacted the creditors regarding two voluntary car repossessions in 2005. Clearance is denied. CASE NO: 11-07502.h1


Personal Conduct

09/17/2012

Applicant is a 28-year-old employee of a defense contractor. He cheated in college and intentionally falsified his Questionnaire for National Security Positions by failing to disclose the full extent of his illegal drug use. Clearance is denied. CASE NO: 11-04519.h1


Financial

09/17/2012

The disqualifying evidence under the financial considerations guideline has not been mitigated. Applicant knew about some of the delinquent accounts in October 2007, and found out about additional delinquent accounts in September 2010. He provided false statements concerning the status of several of the accounts in July 2011. Though other debts have been removed from his credit report, Applicant failed to provide necessary documentary evidence detailing the basis for the disputes and removal of the debts. Eligibility for access to classified information is denied.


Foreign Influence

09/17/2012

Applicant’s wife holds dual citizenship with the United States and Columbia, and he has numerous in-laws who are citizens of and reside in Columbia. He mitigated the foreign influence security concerns. Clearance granted. CASE NO: 11-02035.h1


Drugs; Personal Conduct

09/17/2012

Applicant used marijuana daily and several other drugs infrequently, between 1994 and 2003. He continued to use marijuana daily until 2009, when he was 35 years old. He was first granted a security clearance in 1997. He deliberately concealed his drug use during his 2006 investigation. He also provided incomplete and misleading information about his illegal drug use during his 2010 investigation. His recent drug abstinence does not outweigh his years of illegal drug use, his use while holding a security clearance, and his deliberate falsifications to the Government. Clearance is denied. CASE NO: 10-07259


Alcohol Consumption

09/17/2012

Applicant failed to mitigate the alcohol consumption security concerns. Eligibility for access to classified information is denied. CASE NO: 09-06701.h1


Guideline F

09/14/2012

The Judge’s error regarding Applicant’s current company does not necessitate remedial action. The Judge’s ultimate adverse decision was based a number of conclusions independent of the single erroneous comment. The error was harmless. Adverse decision affirmed.


Guideline B

09/14/2012

Applicant has a brother-in-law living in a country hostile to the U.S. and another on living in a country with an adversarial relationship with the U.S. Adverse decision affirmed.


Foreign Influence

09/13/2012

Applicant is a meritorious chief executive officer for a computer products company with U.S. and Indian affiliations who is sponsored by a prime defense contractor for facility and personal security clearances. Foreign influence concerns are raised over his having property interests, family members, and a friend who reside in India. Applicant mitigates foreign influence concerns by demonstrating the absence of any heightened risks associated with his having immediate and extended family members, relatively low-valued property, and a friend in India. Clearance is granted.


Financial Considerations

09/13/2012

Applicant has three unresolved collection accounts, which total approximately $35,500. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 11-11736.h1


Financial; Personal Conduct

09/13/2012

Applicant is 59 years old and employed as a Logistics Planner by a defense contractor. His excessive indebtedness caused by the collapse in the housing market, coupled with his poorly timed real estate investment decisions, and poor financial budgeting has been mitigated by a good faith effort to resolve his debts. He has filed bankruptcy and discharged his debts. In 2008, he was convicted of Structuring Financial Transactions to Evade Reporting Requirements. He has engaged no further criminal conduct. There is sufficient evidence of rehabilitation. Clearance is granted. CASE NO: 11-06937.h1


Financial

09/13/2012

Applicant is 38 years old and employed as a Security Consultant by a defense contractor. Applicant's history of poor financial decisions and living beyond her means have caused her financial problems. She is working to resolve her delinquent debts but remains excessive indebted. At the present time, there is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 11-04926h1


Financial

09/13/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 11-04589.h1


Financial

09/13/2012

Applicant owes less than $1,000 in past-due medical debt, but his evidence falls short of disproving his liability for a $25,000 judgment awarded a former landlord in September 2010. He has made no payments toward the judgment. Applicant is paying his current debts on time, but his handling of the landlord-tenant dispute continues to raise doubts about his financial judgment. Clearance denied. CASE NO: 11-03918.h1


Financial

09/13/2012

Applicant is a 53-year-old employee of a defense contractor. His home was severely damaged and rendered uninhabitable by flooding in 2004. A number of his family members became ill or passed away between 2005 and 2009. He has been paying his debts since February 2009 through a debt settlement company. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-03599.h1


Foreign Influence; Personal Conduct

09/13/2012

Applicant is 61 years old and employed as a Linguist by a defense contractor. Applicant's foreign contacts in Afghanistan are or have been high level government officials that pose a significant security risk. Applicant intentionally falsified two security clearance applications, and failed to disclose his foreign family members and a friend in response to interrogatories and during an interview with DoD. At the present time, there is insufficient evidence of rehabilitation. Clearance is denied. CASE NO: 09-06978h1


Financial

09/12/2012

Applicant struggled to support herself and her child after her husband failed to pay court-ordered child support, starting in 2002. Around 2007, her debts started becoming delinquent. In 2008, she hired a debt-relief firm and made payments for more than three years. However, it went out of business before making the promised debt payments. She hired another debt-repair company in 2012, and has been making the required payments. The company has paid two SOR debts in the past two months, and is about to begin the next in line. Applicant’s current bills have been paid timely for at least two years. She has sufficient income to meet the payments to her current debt-relief firm. She has made good-faith efforts to resolve her delinquent debts, and based on past performance, I conclude she will continue to resolve her debts. Clearance is granted. CASE NO: 11-05883.h1


Financial

09/12/2012

Applicant has had a history of overdue debts, and independent evidence only showed that one of them had been resolved or reduced. Mitigation has not been shown. Clearance is denied.


Financial; Foreign Influence; Foreign Preference

09/12/2012

Applicant has had a history of overdue debts primarily due to the unemployment of her husband, and also due to a poor investment. Applicant plans to resolve the debts in bankruptcy, but most of the debts remain outstanding. Applicant has a brother who is a citizen and resident of Romania and she belonged to the Communist party in Romania for a few months in 1989, neither of these circumstances have security significance. As long as Applicant's significant debt remains unresolved, mitigation has not been shown. Clearance is denied.


Financial

09/12/2012

Applicant has had many overdue debts for many years due to her unemployment and that of her husband . She resolved a number of her debts after the hearing, but a significant amount of debts still remain unpaid. Until she can resolve more of her overdue debts, and establish financial stability, mitigation has not been shown. Clearance is denied.


Personal Conduct; Financial

09/12/2012

Applicant did not furnish honest information on a Security Clearance Application, and he also was involved in other actions that showed questionable judgement and unwillingness to comply with rules and regulations. Applicant has had a history of overdue debts and financial difficulties, including a past bankruptcy and a foreclosed house, which has not been resolved. Mitigation has not been shown. Clearance is denied.


Guideline E

09/11/2012

Error in Judge’s findings is harmless. Judge’s material findings are sustainable. The Government met its burden of producing substantial evidence of security concerns. CASE NO: 11-10988.a1


Guideline G

09/11/2012

The Judge’s material findings of security concern are supported by substantial evidence. A Judge is not required to make an explicit credibility determination. It is not inconsistent for a Judge to find an applicant credible yet nevertheless conclude that he had not met his burden of persuasion as to mitigation. Adverse decision affirmed. CASE NO: 11-04287.a1


Mental; Sexual Behavior; Personal Conduct

09/10/2012

Most recently, the Applicant has been found to be trustworthy by his treating Psychiatrist, who has seen the Applicant every two weeks for the last 14 years. His last act of inappropriate sexual behavior occurred more than seven years ago. Clearance is granted. CASE NO: 07-17801.h2


Financial

09/07/2012

In 2006, Applicant purchased two condominium apartments as investment properties. Together, the purchase prices of the two properties totaled $919,000. Applicant’s annual income when she purchased the properties was $87,000, and her discretionary income each month was about $500. She planned to pay the mortgages on the properties with proceeds she received as rent. When she was unable to rent the apartments, she lacked sufficient income to pay the mortgages, and the properties were foreclosed upon. Applicant failed to provide evidence establishing her ownership interests in the properties and her current financial responsibility for remaining mortgages on the properties. Applicant failed to mitigate security concerns resulting from unresolved financial delinquencies related to her purchases of the two condominium apartments. Clearance is denied. CASE NO: 11-06620.h1


Foreign Influence

09/07/2012

Applicant has sisters, brothers, and brothers-in-law who are all residents and citizens of Afghanistan. He was a pilot in the Afghanistan military. He failed to mitigate the foreign influence security concerns. Clearance denied. CASE NO: 11-06078.h1


Criminal Conduct

09/07/2012

In 2009, Applicant was convicted of unlawful wounding, a felony. He was released early from probation, and he successfully completed anger management counseling. Between 2004 and 2006, Applicant was found guilty of four separate alcohol-related misdemeanor offenses. He expressed sincere remorse for all of his criminal behavior, and has taken significant steps to rehabilitate himself. On balance, I find that his criminal behavior is not likely to recur, and it does not cast doubt on Applicant’s current reliability, trustworthiness, judgment, and on his ability to follow the law. Clearance is granted. CASE NO: 11-04502.h1


Alcohol Consumption

08/31/2012

Applicant mitigated the alcohol consumption security concerns. Eligibility for access to classified information is granted. CASE NO: 11-14888.h1


Financial

08/31/2012

Applicant’s financial problems are due, in part, to his 2005 financial criminal misconduct. Additionally, he failed to timely file federal and state income tax returns for a number of years and acquired a substantial debt to the IRS. He also has 11 delinquent consumer debts, and two unpaid student loans. He made some efforts to resolve his IRS debt. However, the record evidence fails to establish Applicant’s financial responsibility in the acquisition and resolution of his delinquent debts. Clearance is denied. CASE NO: 11-06451.h1


Drugs; Financial

08/31/2012

Applicant turned to marijuana as a pain reliever after the state decriminalized possession of one ounce or less, and he smoked the drug from June 2010 to late December 2011 or early January 2012. Applicant is not statutorily barred from having his security clearance renewed because he is not using the drug currently and intends no future use. Yet, his drug involvement continues to raise concerns about his willingness to comply with laws and regulations. Applicant filed late federal and state income tax returns for tax year 2009, but the financial concerns are mitigated because the late filing was isolated and due to factors outside of his control. Clearance denied. CASE NO: 11-05270.h1


Sexual Behavior; Personal Conduct; Criminal Conduct

08/31/2012

In view of the lack of evidence to rehabilitate Applicant's sexual behavior, his deliberate omission of information from his two security application forms in 2004 and 2007, and his deliberate omission of relevant information to an OPM investigator in December 2010, Applicant has not mitigated the sexual behavior, personal conduct, and criminal conduct security concerns. Eligibility for access to classified information is denied.


Guideline J; Guideline E

08/30/2012

The Board may not consider new evidence on appeal. The Board’s authority is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed. CASE NO: 11-06804.a1


Guideline F; Guideline H; Guideline E

08/30/2012

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. A good prior security record does not preclude an adverse clearance decision. Adverse decision affirmed. CASE NO: 11-03909.a1


Alcohol; Personal Conduct; Financial

08/30/2012

Applicant physically abused his infant son during a three-month period in 2004-2005. He had two alcohol-related arrests in 1997 and an arrest for driving while intoxicated in 2009. He has completed alcohol-abuse counseling but continues to drink to excess. He resigned in lieu of termination after he was caught watching pornography on a workplace computer. He intentionally did not disclose all his alcohol-related counseling on his security clearance application. He received a Chapter 7 bankruptcy discharge in July 2011. Clearance is denied. CASE NO: 11-02311.h1


Alcohol

08/30/2012

Applicant is a 42-year-old employee of a federal contractor. The evidence shows Applicant has a history of alcohol-related incidents away from work consisting of three convictions for drunk driving during the period 2003 2009. The June 2009 conviction resulted in a sentence that included 12 months in jail, with 10 months suspended for three years. He did not present sufficient evidence of reform and rehabilitation to mitigate the serious concerns stemming from his alcohol-related incidents. Clearance is denied. CASE NO: 11-00455.h1


Foreign Influence

08/30/2012

Applicant mitigated the foreign influence concerns raised by her 2002 travel to Cuba and her sporadic contact with a cousin who is a citizen and resident of that country. Clearance is granted. CASE NO: 11-00213.h1


FINANCIAL

08/30/2012

Although Applicant has resolved two of the delinquent accounts alleged in the SOR, the remaining eight accounts, totaling over $17,000, remain unresolved. She did not meet her ultimate burden of persuasion to obtain a favorable clearance decision because she failed to substantiate her claim of ongoing payments toward the unresolved delinquent accounts. Clearance is denied. CASE NO. 10-10994.h1


Financial

08/29/2012

Applicant and her then boyfriend purchased a home in 2004 and refinanced it in 2006. Her boyfriend left her in 2007, refused to contribute to the mortgage payments, refused to sign documents for a loan modification, and did not respond to requests for cooperation on a short sale. Applicant has paid or made payment arrangements for all her other delinquent debts, except for one credit card account, on which the creditor has refused to negotiate. Clearance is granted. CASE NO: 11-05446.h1


Financial

08/29/2012

Applicant did not mitigate the security concerns raised by his financial problems. His delinquent debts arose through his own poor financial management, and his debts have only recently been addressed. Applicant also has a significant negative monthly cash flow. His request for a security clearance is denied. CASE NO: 11-04551.h1


Financial

08/29/2012

Applicant’s statement of reasons (SOR) alleges five delinquent debts, totaling $31,483. Unemployment and other circumstances beyond her control caused her to have delinquent debts. She had insufficient financial resources to pay more than one large delinquent debt. On August 13, 2012, she filed for bankruptcy under Chapter 7 of the Bankruptcy Code. Financial considerations are mitigated. Eligibility for access to classified information is granted. CASE NO: 11-03344.h1


Financial Considerations

08/29/2012

Applicant accumulated delinquent debts during periods of aggravated medical complications, recurrent unemployment, and protracted divorce proceedings. Since he returned to work, he has addressed several of his smaller debts, but not enough of his debts to demonstrate satisfactory repayment progress. Security concerns associated with Applicant's accumulated debts are not mitigated. Clearance is denied. CASE NO: 11-01356.h1


Foreign Influence

08/28/2012

Applicant is a meritorious chief financial officer for a computer products company with U.S. and Indian affiliations who is sponsored by a prime defense contractor for facility and personal security clearances. Foreign influence concerns are raised over her having property interests, family members, and a childhood friend in India. Applicant mitigates foreign influence concerns by demonstrating the absence of any heightened risks associated with her having immediate family members, relatively low-valued property, and a childhood friend in India. Clearance is granted.


Financial

08/28/2012

Applicant’s financial problems commenced in 2006 when he first discovered his accounts were delinquent. As a ship’s master with lengthy absences aboard ship six to seven months each year, Applicant’s wife had control of the family finances. He discovered she had: opened accounts and credit cards in his name; run up accounts without paying them; failed to make monthly mortgage payments for over 15 months; failed to file or pay state income tax for a multiple year period; and lied to him about her mishandling of the family finances. Once he determined the extent of his financial problems, he took responsibility for the family finances away from his wife, enlisted his mother-in-law’s assistance in handling them when he is away, hired an attorney to assist him in the foreclosure action, and hired an accountant to represent him with the state income tax issues. He has resolved all but one of his delinquent accounts and is in the process of resolving the remaining account. Applicant has demonstrated a meaningful track record of debt reduction and elimination. There are no questions or doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 11-05983.h1


Security Violations; Personal Conduct

08/28/2012

Between 2002 and 2005, Applicant disseminated sensitive and proprietary information to an independent consultant without authorization. Although this conduct does not constitute a violation of the Procurement Integrity Act, as the Government alleged, it raises security concerns under the guideline governing the handling of protected information and raises broader questions about Applicant's personal conduct which he failed to mitigate. Clearance is denied. CASE NO: 11-00541.h1


Financial

08/28/2012

Applicant established a small business in 2005. The business grew and thrived until 2007 and 2008, when it was affected negatively by a financial downturn. Applicant acquired work as a government contractor and used some of his earnings to pay or settle debts which arose when his business failed. At his hearing he provided documentation establishing that he had paid or settled five of the debts alleged in the SOR and was not responsible for the two remaining debts alleged in the SOR. Applicant mitigated Guideline F security concerns. Clearance is granted. CASE NO: 10-07514.h1


Financial

08/28/2012

Applicant’s criminal conduct commenced in 1992 (drug-related) and continued through 2007 (alcohol-related). His alcohol-related problems commenced in 1998, and while he has had no alcohol-related arrests since 2007, he continues to consume alcohol to the point of intoxication or impairment. He has no intention of abstaining from further alcohol abuse although he has completed several alcohol education programs and was convicted of numerous alcohol-related charges. His financial problems remain unaddressed. There are substantial questions or doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Applicant has failed to mitigate the security concerns arising from his alcohol consumption and financial considerations. He has, however, mitigated the security concerns regarding criminal conduct. Clearance is denied. CASE NO: 10-05543.h1


Foreign Influence, Foreign Preference

08/28/2012

Applicant has mitigated the security concerns under the foreign preference and foreign influence guidelines. He has surrendered his Polish passport to his security officer. He is a naturalized U.S. citizen who has a U.S. wife and two children. He has much more substantial ties to the United States than to Poland. Clearance is granted. CASE NO: 10-05150.h1


Financial

08/27/2012

Applicant mitigated the Financial Considerations concerns. His past financial problems were due to a long period of unemployment and underemployment during which his wife divorced him after 19 years of marriage. Immediately after securing his current job in September 2011, Applicant started to resolve his debts – the vast majority of which are student loans. He submitted proof of a track record of consistent payments to satisfy his debts and demonstrated that his financial situation is under control. Clearance is granted. CASE NO: 11-14764.h1


Financial

08/27/2012

Applicant is a 39-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. Case No. 11-11953.h1


Criminal conduct; Alcohol Consumption; Drug Involvement

08/27/2012

Applicant's criminal conduct has been mitigated by the passage of time combined with his successful completion of a 24-session domestic violence treatment program in November 2009. He has also mitigated the drug involvement guideline based on abstinence since July 2008 and his statement of intention not to use drugs in the future. By contrast, Applicant has not mitigated the alcohol consumption guideline because of his continuing alcohol use despite an evaluation in November 2011 of alcohol dependence, in full remission, by a licensed clinical social worker. Eligibility for access to classified information is denied. CASE NO: 11-03520. h1


Financial

08/27/2012

Applicant is a 51-year-old employee of a federal contractor. The evidence shows that Applicant has worked for a defense contractor since 1980, and has held a security clearance for many years. In 2007, she bought a second house near her elderly father. She obtained a first mortgage loan and a second mortgage loan from the same mortgage lender to finance the purchase. She moved into the home and lived there until deciding that her commute to work was too onerous. She returned to her previous residence, which she owns jointly with another person, and used the second house as a rental property. As a landlord, she had problematic tenants and the rental property never produced a positive cash flow. Her attempts to modify or refinance the two mortgage loans on the rental property were unsuccessful. The mortgage lender foreclosed on the property, the house was sold in May 2011, and the second mortgage loan was charged off. She incurred additional delinquent debt, but those three debts are for relatively small amounts and are now resolved or in repayment. Clearance is granted. CASE NO: 10-07393.h2


Financial

08/27/2012

Applicant is a 40-year-old employee of a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is granted. Case No. 10-03617.h1


Guideline F

08/23/2012

Guideline F is not limited to concerns over the potential to engage in criminal conduct. Adverse decision affirmed.


Guideline F

08/23/2012

Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed.


Drugs; Personal Conduct

08/22/2012

Applicant used marijuana over a four-year period while in college and for several months following his graduation before quitting altogether. While using marijuana, he purchased the substance for his personal use and sold it to friends, but never for profit. Considering the extent of Applicant's marijuana activities over an extended period and the recency of his last involvement (less than two years), more time is needed to absolve him of recurrence risks. Security concerns associated with Applicant's drug activities are not mitigated under the drug involvement guideline. Applicant mitigates security concerns associated with his drug activities and misuse of his personal computer under the personal conduct guideline. Clearance is denied. CASE NO: 11-06455.h1


Financial; Personal Conduct; Alcohol; and Drug Involvement

08/22/2012

Applicant has mitigated the security concerns under the above-referenced guidelines. He had a traumatic event which led to the financial, personal conduct, alcohol and drug issues. He has provided documentation to prove that he has mitigated each issue. Eligibility for a security clearance is granted. CASE NO: 11-05107.h1


Handling Protected Information; Foreign Influence

08/21/2012

Applicant committed several security violations over a period of a year following briefing and counseling. His actions reflect pattern negligent behavior and are not mitigated by circumstances and sufficient passage of time. Potential foreign influence concerns associated with Applicant's mother and oldest brother being citizens and residents of Vietnam are mitigated by the absence of any heightened risk of pressure or coercion. Clearance is denied. CASE NO: 10-05104.h1


Financial

08/17/2012

Applicant failed to mitigate the Financial Considerations concern. Although his financial situation is, in part, due to matters beyond his control, he failed to act responsibly under the circumstances. He failed to demonstrate that his long track record of financial irresponsibility is no longer a concern. Clearance is denied. CASE NO: 11-09443.h1


Financial

08/17/2012

Applicant owes around $18,568 in past-due debt that was incurred by her spouse using her credit without her knowledge. Recent changes to ensure that he no longer abuses her credit are significant steps in reform, and she is making payments on her known consumer credit card debts. Clearance granted. CASE NO: 11-05997.h1


Financial

08/17/2012

Applicant is a 41-year-old employee of a defense contractor. His wife’s retail business failed in 2007, leading to delinquent debts. He has been actively working to resolve his financial problems since 2007. He paid or settled multiple debts before the SOR was issued, and he settled two of the debts alleged in the SOR. He credibly testified that he will pay or settle the remaining two debts. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-03904.h1


Guideline C

08/17/2012

Applicant’s appeal brief raises the possibility that Applicant submitted a document which never reached the Judge. Adverse decision remanded.


Financial; Personal Conduct

08/16/2012

Beginning in 2009, Applicant accumulated 27 debts totaling $170,199 and has done little, if anything, to resolve them. He falsified his July 2009 security clearance application by failing to disclose any of his debts. Eligibility for access to sensitive information is denied. CASE NO: 10-00805.h1


Foreign Influence, Foreign Preference

08/15/2012

Applicant failed to mitigate the foreign influence concerns raised by his relationships with family members who are citizens and residents of Saudi Arabia – in particular, his father who is a general officer in the Saudi military. Furthermore, Applicant’s exercise of his Saudi citizenship, in the form of accepting sizable education benefits, indicates a foreign preference, which Applicant also failed to mitigate. Clearance is denied. CASE NO: 11-06421.h1


Financial

08/15/2012

Applicant is 36 years old and employed as a Mechanic by a defense contractor. His history of excessive indebtedness has not been resolved. Clearance is denied. CASE NO: 11-04988.h1


Financial; Personal Conduct

08/15/2012

Applicant is 43 years old and employed as a Security Officer by a defense contractor. Her history of excessive indebtedness has not been resolved. She did not intentionally falsify her security clearance application concerning her finances. Sufficient mitigation is not shown. Clearance is denied. CASE NO: 11-03580.h1


Financial

08/15/2012

Applicant is 42 years old and employed as a Senior Field Service Technician by a defense contractor. His history of excessive indebtedness has not been resolved. Clearance is denied. CASE NO: 11-00214.h1


Financial

08/15/2012

Applicant and his wife separated in 2008 for about 10 months. During this time, they maintained two households and fell behind in their debts. The couple reconciled, sought marital and financial counseling, and began to systematically satisfy their delinquent debts. Applicant provided documentation corroborating that five of the six debts alleged in the SOR were satisfied, in a repayment plan, or otherwise resolved. Applicant mitigated Guideline F security concerns. Clearance is granted. CASE NO: 10-10645.h1


Drugs

08/15/2012

Applicant is a 31-year-old employee of a federal contractor. The evidence shows Applicant engaged in drug abuse (by using marijuana) while holding a security clearance from 2009 to June 2010, when he tested positive for marijuana during a random drug test given by his employer. He presented sufficient evidence of reform and rehabilitation to mitigate the serious concerns about his fitness and suitability to hold a security clearance. Clearance is granted. CASE NO: 10-09014.h1


Financial

08/14/2012

Applicant failed to mitigate the security concerns raised by her delinquent debts of more than $60,000. Applicant's request for a security clearance is denied. CASE NO: 11-05512.h1


Guideline F

08/14/2012

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Applicant failed to demonstrate that the Judge mis-weighed the evidence. The Judge’s whole-person analysis complies with the requirements of the Directive. Adverse decision affirmed. CASE NO: 11-02512.a1


Guideline F

08/14/2012

The Judge’s conclusion that Applicant had not mitigated the security concerns arising from his delinquent debts is supportable. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 10-04633.a1


Financial

08/13/2012

Applicant did not mitigate the security concerns raised by his intentional failure to file his federal income tax returns for six of the seven tax years between 2003 and 2009. He also accrued unpaid tax debts because of his failure to file his returns. His request for a security clearance is denied. CASE NO: 11-14540.h1


Financial; Personal Conduct

08/13/2012

Applicant mitigated the Financial Considerations and Personal Conduct concerns. After graduating from college, he was unable to find a job and fell behind on his student loans and credit cards that he had amassed while going to school. He has brought his student loans current, paid his credit cards, and put his financial house in order. He did not falsify his security clearance application when he omitted his delinquent debts. Clearance is granted. CASE NO: 11-06506.h1


Personal Conduct

08/13/2012

Applicant is a 32-year-old employee of a federal contractor. The evidence shows Applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), 10 U.S.C.  815, for wrongful use of marijuana in April 2010 while on active duty with the U.S. Navy. He was issued a general discharge under honorable conditions upon the end of his enlistment the same year. These matters took place just months before he completed his November 2010 security clearance application, in which he disclosed marijuana use in March 2010, explaining it was a one-time unknowing use. Although he has stated that he has no intention to abuse drugs in the future, insufficient time has passed to conclude that similar conduct will not recur. Clearance is denied. CASE NO: 11-04598.h1


Financial; Personal Conduct; Criminal Conduct

08/13/2012

Applicant has not successfully resolved all of his past-due debts. He falsified a questionnaire concerning his arrest history. Insufficient mitigation is shown. Clearance is denied. CASE NO: 10-10296.h1


Financial

08/10/2012

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-01037.h1


Personal Conduct

08/10/2012

Applicant failed to mitigate the Personal Conduct concern. He used marijuana on two separate occasions in the past four years while possessing a security clearance. He failed to demonstrate that he will not engage in similar questionable conduct in the future. Clearance is denied. CASE NO: 11-07807.h1


Financial Considerations

08/10/2012

Applicant has five charged-off accounts totaling approximately $100,000, which remain unpaid. Applicant has failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-06178.h1


Financial

08/10/2012

Applicant is a 53-year-old man who is seeking a security clearance for the first time. The evidence shows Applicant has a history of financial problems consisting of 14 delinquent debts in amounts ranging from $78 to $20,475 for a total of about $28,740. His various claims about his efforts to dispute or resolve the debts are not supported by any documentary information. Applicant did not provide sufficient evidence to mitigate the security concerns stemming from his unfavorable financial history. Clearance is denied. CASE NO: 11-05585.h1


Financial

08/10/2012

Applicant is a 42-year-old prospective 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. 11-05490.h1


Financial

08/08/2012

Applicant is 28 years old and engaged. She is a single mother of four children, who began accumulating delinquent debts in 2000 after the birth of her first child. For the past eleven years she has experienced periods of unemployment and underemployment, and received no financial support for three children. In September 2011 she began a full-time position with a federal contractor. Her salary, coupled with her fiancé’s income, provides a monthly income that pays expenses and leaves a small amount remaining that she could use to slowly address her debts. Although she accepted responsibility for her debts for almost two years, she has taken no action to pay or resolve the smallest debts under $100. She demonstrated minimal understanding of her finances. She did not mitigate the trustworthiness concerns raised under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 11-05440.h1


Personal Conduct; Alcohol; Criminal Conduct

08/08/2012

Applicant mitigated the security concerns raised by allegations of adverse personal conduct. He did not mitigate the concerns raised by his criminal conduct and alcohol consumption. His request for a security clearance is denied. CASE NO: 11-04839.h1


Financial; Personal Conduct

08/08/2012

Applicant's falsification of her August 2010 clearance application, misrepresentation of her employment history during a September 2010 subject interview, and unresolved financial problems render her an unsuitable candidate for access to classified information. Clearance denied.


Financial, Personal Conduct

08/08/2012

Applicant had many of his debts removed from his credit report based on identity theft. However, he still has over $75,000 in debt that he has not resolved or paid. He has no credible plan to resolve the debt. He did not include all of his financial issues on his security clearance application, with intent to deceive concerning the status of his finances. He did not mitigate security concerns for financial considerations and personal conduct. Access to classified information is denied. CASE NO: 11-01393.h2


Financial

08/07/2012

Applicant’s financial problems commenced in 2005, and periodically occurred again over the period of several years. They were in varying degrees beyond his control, or had an indirect impact on his ability to remain current on his finances. Applicant managed to maintain most of his accounts in a current status, but over the next few years, he could not do so with the remaining accounts. There were only five delinquent accounts throughout the years, and all of them have now been discharged in bankruptcy. Applicant has demonstrated a meaningful track record of debt reduction and elimination: all of the non-SOR accounts are current, and only the five delinquent accounts were discharged in bankruptcy. There are no questions or doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 11-03633.h1


Financial

8/6/2012

Applicant is a 50-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems. Applicant is making a good-faith effort to resolve the financial problems. Clearance is granted. CASE NO: 11-07010.h1


Financial

08/06/2012

In January 2002, Applicant filed a Chapter 7 bankruptcy petition, and in June 2002, she was discharged from $70,000 in liability. Since then, she has collected 2 judgments and 23 delinquent accounts, but has provided no credible documentary evidence demonstrating resolution of any of those accounts. Eligibility for access to classified information is denied.


Financial; Personal Conduct

08/06/2012

Applicant 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: 10-07713.h1


Personal Conduct

08/06/2012

Applicant has an extensive multi-year history of corporate credit card misuse which resulted in his termination-forced retirement after over 26 years with his employer. Four years have passed since Applicant’s misuse of the corporate credit card, and that factor has been considered in his favor. However, the disqualifying evidence outweighs that factor. Also significant are his repeated attempts to conceal his far greater period and frequency of misuse. Applicant’s statement in his e-QIP was false, for in professing a limited misuse over only a one-year period, he attempted to conceal his far greater period and frequency of misuse. During his OPM interview, Applicant again mischaracterized the period and frequency of his misuse. Applicant’s misuse of the corporate credit card and his subsequent, repeated lack of candor are troublesome. There are substantial questions and doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is denied. CASE NO: 10-01306.h1


Guideline B

08/06/2012

Applicant held a Soviet/Russian security clearance for a number of years while working on matters related to Russian national defense. In the Analysis, the Judge cited to record evidence of Applicant’s ties within the U.S. and within Russia. He also cited to evidence that Applicant would be willing to renounce his possible dual citizenship. However, because the SOR did not allege Foreign Preference concerns, this is entitled to limited weight. The Judge did not explain how it is that cited U.S. ties are such as to mitigate the heightened risk of coercion that he found to have been raised by Applicant’s circumstances. The record contains evidence from which a reasonable person could conclude that Applicant’s family and friends might well come to the attention of the Russian authorities and become a means through which Applicant could be subjected to coercion. The Judge’s decision fails to consider an important aspect of the case. Favorable decision reversed. CASE NO: 10-00824.a1


Financial

08/03/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by her history of financial problems, including a Chapter 7 bankruptcy and unpaid taxes, judgments, and other debts. Clearance is denied. CASE NO: 11-06356.h1


Financial

08/03/2012

Applicant’s financial problems (attributed largely to his wife’s emotional instability; her refusal to stop engaging in pyramid scams; her opening credit accounts and then ignoring the unpaid balances; maintaining an expensive temporary residence for one year to make his job easier; and their separation with the associated extra costs of maintaining two residences, including spousal support) commenced in 2008 when he began falling behind on his various payments. Applicant sought guidance and assistance of a consumer debt counselor. He enrolled in their debt management plan; establishing a budget and action plan, and identifying his creditors with a projected payment rate. Applicant has demonstrated a meaningful track record of debt reduction and elimination: some accounts were settled; some have been paid off; and he has continued to make his monthly payments to his remaining creditors. There are no questions or doubts as to Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 11-04819.h1


Financial

08/03/2012

Applicant has mitigated the security significance of his past due debts. Clearance is granted. CASE NO: 11-03577.h1


Financial

08/03/2012

Applicant is 39 years old. She experienced underemployment and unemployment. She accumulated numerous delinquent debts. She recently filed for Chapter 7 bankruptcy but her debts have not yet been discharged. She has not established a track record of financial responsibility. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-00201.h1


Drugs; Personal Conduct

08/02/2012

Applicant illegally used drugs from 1995 until December 2010. He used drugs after he was employed by a government contractor in September 2008. Moreover, he deliberately falsified his security clearance application when he failed to disclose a felony charge (convicted of a misdemeanor) and a 2000 conviction for Driving Under the Influence of Alcohol. Clearance is denied. CASE NO: 11-05873.h1


Guideline G; Guideline H

08/02/2012

Regarding Applicant’s request for the granting of a conditional clearance, he asked for relief that the Judge had no authority under the Directive to grant. Applicant’s representations regarding his intent to engage in future desirable conduct, such as abstinence, have limited probative value and do not mandate a favorable overall decision in the context of this case. Adverse decision affirmed. CASE NO: 10-11132.a1


Guideline G; Guideline H; Guideline E; Guideline J

08/01/2012

The Appeal Board can consider evidence outside the record on threshold issues such as due process and jurisdiction. The record, read in conjunction with both parties’ appeal submissions, provides no reason to believe that Applicant was denied his right to counsel or that DOHA personnel discouraged him from seeking counsel. Adverse decision affirmed. CASE NO: 09-05486.a1


Personal Conduct

07/31/2012

Applicant deliberately omitted material facts from his security clearance application regarding his repeated travel to Cuba and his former marriage to a Cuban national in an attempt to mislead the Government. Clearance is denied. CASE NO: 11-15161.h1


Financial

07/31/2012

Applicant settled four of the five debts alleged in the Statement of Reasons and successfully disputed the fifth. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-14453.h1


Financial

07/31/2012

Applicant has delinquent debts that have not been resolved, nor did he present documentation that he is in the process of resolving them. He has not mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is denied. CASE NO: 11-09333.h1


Criminal Conduct

07/31/2012

Fifty-seven-year-old Applicant has an extensive multi-year history of lewd, sexual, criminal behavior with his children. Applicant is a convicted and registered sex offender. The governor rejected Applicant’s request for a pardon. Also significant are Applicant’s denials of some of the alleged conduct; and his position that the system has sensationalized his actions and twisted the facts. He remains in at least partial denial that what he did was sexually motivated rather than the result of poor parenting skills. This routine, long-standing, high risk behavior not only reflected a lack of discretion or judgment that undermined his fiduciary responsibilities regarding his children, it was of a criminal nature. Despite the descriptions of the accounts and the frequency of the accounts by his victims, Applicant continued to deny that there was any sexual motivation for his actions. Applicant’s past behavior and current attitude cast doubt on his reliability, trustworthiness, and good judgment. Clearance is denied. CASE NO: 11-05110.h1


Foreign Influence

07/31/2012

Applicant is a native of southern India who relinquished his Indian citizenship upon his U.S. naturalization in September 1999. His parents and an uncle, as well as his spouse’s parents and her sister, are all resident citizens of India. Applicant also owns an undeveloped parcel of land in his native region, which is valued around $350,000. He plans to sell the foreign property to pay for his children’s college educations in the United States, and his foreign relatives have no ties to the Indian government or military. The foreign influence concerns raised by his security significant ties to India are overcome by his strong ties to the United States, where he has chosen to make his home, pursue his career, and raise his children. Clearance granted. CASE NO: 11-04512.h1


Personal Conduct; Alcohol

07/31/2012

Applicant engaged in a series of alcohol-related disciplinary and criminal violations from 1994 to 2005. He underwent two 30-day inpatient treatment programs, but ignored after-care recommendations and resumed drinking after each. He was also arrested for disorderly conduct and assault after incidents in 2009 and 2010. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 11-04508.h1


Drugs

07/31/2012

Applicant is a 25-year-old employee of a federal contractor. The evidence shows Applicant has a history of drug abuse (primarily marijuana use) during 2001 2009. In addition, he resumed his illegal drug activity in June 2012 by (1) making two purchases of marijuana, (2) using it on several occasions, to include about five days before the hearing, and (3) possessing marijuana at his residence. Given these circumstances, it is too soon to tell if his drug involvement is safely in the past or an activity he will continue to pursue. Clearance is denied. CASE NO: 11-04395.h1


Financial Considerations

07/31/2012

Applicant accumulated numerous consumer debts that he discharged in bankruptcy in 2003, and has since incurred two large deficiency balances associated with two mortgage foreclosures in his home state. Unwilling to initiate payments or complete any concrete repayment plans with his lenders, he remains exposed to collection efforts by his two remaining creditors and fails to mitigate trust concerns regarding his finances. Clearance eligibility is denied. CASE NO: 11-03281.h1


Financial

07/31/2012

Applicant is a 28-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems (failure to file federal income tax returns, back taxes owed to the IRS, and delinquent debts) that is ongoing. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 11-03192.h1


Financial

07/31/2012

Applicant is 58 years old and has worked for defense contractors for over 20 years. In 2006 he lost his position and was divorced. As a consequence he began accumulating debt that he could not manage on his limited income. He subsequently withdrew money from his 401(k) to pay alimony and his living expenses, resulting in a large penalty assessment. He also owed taxes for 2006 and 2007. He reduced his tax debt by 37% and has a plan to complete payments by September 2013 when he will begin making payments on other delinquent debts. He completed his alimony obligations in April 2012. He mitigated the security concerns raised under the financial guideline. Clearance is granted.


Financial

07/31/2012

Applicant failed to mitigate the security concerns raised by his financial problems and his lack of action to pay or otherwise resolve them. His request for a security clearance is denied. CASE NO: 10-07682.h1


Foreign Preference; Foreign Influence

07/31/2012

Applicant was a dual citizen of Jordan and the United States and a U.S. Government translator who renewed her Jordan passport after becoming a U.S. citizen in 2003. She has sisters and brothers who are citizens of Jordan and who previously resided in Jordan. They have since immigrated to the United States and reside here. Applicant has no property or other financial interests in Jordan and considerable property interests in the United States. She has since renounced her Jordanian citizenship and surrendered her two Jordanian passports. And she demonstrates loyalties and preferences for the United States by serving as a translator in a combat zone. Foreign preference and foreign influence concerns are mitigated. Clearance is granted. CASE NO: 10-05726h.1


Financial Considerations

07/31/2012

Applicant’s statement of reasons (SOR) alleges 20 delinquent debts, totaling $62,988. He mitigated one $72 debt. He did not provide documentary evidence of any payments to the SOR creditors. Financial considerations are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-02445.h1


Psychological Conditions, Foreign Influence

07/31/2012

Applicant’s relationships with family members who are residents and citizens of Afghanistan and Pakistan are mitigated by his deep and long-standing ties to the United States. However, his mental health issues remain a concern. Clearance is denied. CASE NO. 09-01701.h1


Financial

07/30/2012

Applicant has mitigated the security significance of her past due debts and bankruptcy. Clearance is granted. CASE NO: 10-06455.h1


Foreign Influence

07/27/2012

Applicant’s wife and mother-in-law are citizens of Russia, and his mother-in-law lives in Russia. Clearance is denied. CASE NO: 11-03906.h1


Financial; Sexual Behavior; Criminal Conduct; and Personal Conduct

07/27/2012

Applicant has not mitigated the security concerns under the personal conduct guideline. Applicant has mitigated the security concerns under the financial considerations guideline. He successfully completed a Chapter 13 wage-earner plan in 2010. He has mitigated the criminal conduct concerns as the charges of child sexual abuse were nolle prossed and a 2011 Order of Expungement has been issued. Sexual behavior concerns are mitigated due to the unsubstantiated finding rendered by the CPS hearing officer. However, overall Applicant's trustworthiness, reliability and judgment are in question due to his terminations and his pattern of poor choices over a long period. CASE NO:11-03294.h1


Financial

07/27/2012

Applicant is 43 years old. He has numerous delinquent debts that are unpaid. He failed to file his state income tax returns from 1994 through 2009, and again in 2011. He failed to pay his state income taxes from 1994 through 2011. He failed to file his 2011 federal income tax return. He began paying a federal tax lien in 2010 for delinquent federal income taxes from 2001 through 2009. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-09320.h1


Drugs

07/26/2012

Applicant's false statements about the true extent of his use of marijuana preclude a conclusion that he has mitigated the security concerns about his involvement with illegal drugs. Applicant's request for a security clearance is denied. CASE NO: 11-04309.h1


Financial; Personal Conduct

07/26/2012

Applicant failed to mitigate the security concerns raised by his history of financial problems and by his deliberate falsification of his security clearance applications. His request for a security clearance is denied. CASE NO: 11-03267.h1


Financial

07/26/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 10-08192.h1


Criminal Conduct

07/26/2012

Twenty-nine-year-old Applicant’s history includes two instances of criminal conduct. In 2002, when he was about 18 or 19 years old, Applicant was convicted in a special court-martial of wrongful use of methamphetamine, wrongful use of marijuana, and unlawfully carrying a concealed weapon (a knife). He was returned to duty and eventually earned promotions, a Good Conduct Medal, and an honorable discharge. Over the next seven years he was an exemplary employee, praised by superiors and those whose missions he supported. His most recent criminal conduct occurred under unusual circumstances in 2009 when he was convicted of attempted unlawful wounding, and placed on supervised probation for five years unless sooner released. Since his 2009 arrest, Applicant did an assessment of his life and other factors, obtained mental health evaluations, and made changes to his personal habits, including getting more rest and stopping consuming alcohol. He has avoided any subsequent participation in any criminal activity. Applicant’s probation will expire in June 2015, but he will be eligible for early release in December 2012. He is effusively praised by senior officials for his mission critical work. I have no questions about Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 10-05574.h1


Guideline F

07/25/2012

The record does not support a conclusion that the Judge mis-weighed the evidence. Adverse decision affirmed.


Drugs

07/25/2012

Applicant abused marijuana with varying frequency from October 1989 to October 1999, from June 2002 to July 2002, in June 2003, and from October 2003 to June 2010. He resumed his use of marijuana in violation of his conditional discharge for driving while impaired in July 2002. Applicant does not intend to use any illegal drug in the future, but there is an unacceptable risk of recurrence where he continues to participate in social activities with drug-abusing friends. Clearance denied. CASE NO: 11-01952.h1


Guideline F

07/25/2012

In a case where the Judge makes multiple findings about an applicant which have no foundation in the record the case must be remanded for issuance of a new decision which is bases on the record. Adverse decision remanded.


Financial

07/24/2012

Applicant filed a Chapter 7 bankruptcy petition in July 2011, and it was successfully discharged in November 2011. However, she has had delinquencies since at least 2006. Her pay is being garnished to pay two debts totaling $25,000. By 2011, her delinquencies, primarily credit card debt, amounted to more than $68,000. Applicant has a history of failing to meet her financial obligations. Clearance is denied. CASE NO: 10-03578.h1


Financial

07/23/2012

Applicant failed to mitigate the security concerns raised by her nearly $31,000 delinquent debt. Clearance denied.


Financial

07/23/2012

Applicant is a 46-year-old employee of a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is granted. CASE NO. 11-06892.h1


Financial

07/23/2012

Applicant failed to mitigate the security concerns raised by his nearly $67,000 unresolved debt. Clearance denied.


Financial

07/23/2012

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 11-00156.h1


Alcohol; Criminal Conduct; Personal Conduct

07/23/2012

Applicant has a history of binge drinking, and he has been diagnosed as alcohol dependent. He was convicted of DUI in 1983 or 1984, and he was convicted of assault and battery (spousal abuse) in 2009. He completed alcohol treatment in 2009, but he has resumed drinking alcohol. Applicant failed to mitigate security concerns arising from his alcohol consumption and criminal conduct. There was insufficient record evidence to establish a security concern alleged under the personal conduct adjudicative guideline. Clearance is denied. CASE NO: 10-09234.h1


Financial

07/23/2012

Applicant accumulated 57 delinquent debts totaling more than $35,000. He took virtually no action to resolve his financial problems until he received the Statement of Reasons. Clearance is denied. CASE NO: 10-05535.h1


Financial

07/20/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of unpaid taxes and delinquent debts. Clearance is denied. CASE NO: 10-08450.h1


Personal Conduct; Financial

07/20/2012

Applicant rebutted allegations of deliberate falsification under Guideline E, but he failed to mitigate security concerns under Guideline F arising from his financial delinquencies. Eligibility for a security clearance is denied. CASE NO: 10-06684.h1


Guideline B; Guideline E

07/18/2012

In 2011, Applicant’s long-term close contact with foreign national friends, his relationship with a female 17-year-old Chinese national, and his failure to timely file his federal income taxes triggered the applicability of Guideline E disqualifying conditions. The Judge’s conclusion that no mitigating conditions applied is sustainable. The Judge concluded that essentially the same conduct was mitigated under Guideline B. These Guideline B conclusions are fundamentally at odds with the Judge’s conclusions under Guideline E, where he stated that Applicant engaged in questionable recent behavior that placed him in a position of vulnerability to be exploited by foreign governments. The record evidence supports the Judge’s conclusions about Applicant’s foreign connections under Guideline E and does not support the contrary ultimate conclusion under Guideline B. Adverse decision affirmed.


Personal Conduct

07/13/2012

Applicant mitigated the security concerns raised by his falsifying his October 2009 clearance application which ultimately resulted in his loss of clearances and employment by being completely forthcoming in his December 2010 clearance application, including his disclosure of the adverse employment and clearance actions caused by his earlier falsification. Clearance granted.


Alcohol; Drugs; Financial; Personal Conduct

07/13/2012

Applicant is a 26-year-old employee of a defense contractor. He established that illegal drug use is in his past and that alcohol use is not a problem. However, it has only been a year since his last arrest and he has unresolved financial problems. He mitigated alcohol consumption and drug involvement security concerns, but he has not mitigated financial considerations and personal conduct security concerns. Clearance is denied. CASE NO: 11-06372.h1


Financial; Personal Conduct

07/13/2012

Applicant is a 54-year-old employee of a defense contractor. He is indebted to 22 creditors in the approximate amount of $102,610, raising concerns under the guideline for Financial Considerations. He also committed a series of rule-breaking incidents that showed poor judgment and raised security concerns under the guideline for Personal Conduct. Applicant failed to mitigate the Financial Considerations and the Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO:11-02200.h1


Guideline B; Guideline F; Guideline E

07/12/2012

The Directive presumes a nexus between proven conduct under any Guideline and an applicant’s security eligibility. A clearance adjudication may be based on circumstances unrelated to conduct, such as the foreign residence of an applicant’s relatives. CASE NO: 09-07565.a1


Drugs; Criminal Conduct; Personal Conduct

07/11/2012

Applicant is a 40-year-old president and part owner of a company seeking to do business as a defense contractor. He mitigated the drug involvement, criminal conduct, and personal conduct security concerns raised by his illegal drug use and alcohol-related arrests. Clearance is granted. CASE NO: 11-03911.h1


Financial

07/11/2012

Applicant failed to mitigate the Financial Considerations concern. He currently owes more than $45,000 in delinquent debt. Although his financial trouble was due to a period of unemployment, he has been with his current employer for nearly three years and failed to establish that his financial situation is under control. Clearance is denied. CASE NO: 10-06175.h1


Financial

07/11/2012

Applicant failed to mitigate the Financial Considerations concern. He currently owes more than $45,000 in delinquent debt. Although his financial trouble was due to a period of unemployment, he has been with his current employer for nearly three years and failed to establish that his financial situation is under control. Clearance is denied. CASE NO: 10-06175.h1


Financial

07/10/2012

Applicant is a 46-year-old employee of a defense contractor, who is indebted to a bank for a delinquent mortgage loan in the approximate amount of $225,096. Applicant failed to mitigate the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO: 10-07915.h1


Guideline F

07/09/2012

Hearing Office decisions are not binding on other Hearing Office Judges or on the Appeal Board. A Judge is presumed to have considered all of the record evidence. Adverse decision affirmed. CASE NO: 11-01027.a1


Guideline F

07/09/2012

A Judge is presumed to have considered all of the evidence in the record. A party’s disagreement with the Judge’s weighing of the evidence is not enough to establish error. Why it is that Applicant needs a clearance or how often he might actually come into contact with classified information is not relevant to a security clearance determination. Adverse decision affirmed. CASE NO: 10-10612.a1


Financial

07/06/2012


Guideline J; Guideline F

07/05/2012

In 2011, Applicant pled guilty to contributing to the delinquency of a minor. Sh is subject to tax liens. Adverse decision affirmed.


Guideline J; Guideline H; Guideline F; Guideline E

07/05/2012

The cited Appeal Board case is factually different from Applicant’s case. Adverse decision affirmed.


Guideline F; Guideline E

07/02/2012

Guideline F concerns include failure to file tax returns. Each such instance is a separate act. Adverse decision affirmed.


Guideline F

07/02/2012

Applicant’s representation that he submitted documents which were not considered by the Judge is not supported. Adverse decision affirmed.


Foreign Influence

06/29/2012

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


Drugs; Personal Conduct

06/29/2012


Financial Considerations

06/29/2012

Applicant has approximately $350,000 in delinquent debt. He has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 11-06236.h1


Alcohol; Financial

06/29/2012

Applicant did not mitigate the security concerns raised by his three alcohol-related arrests and unresolved financial problems. Clearance is denied. CASE NO: 11-05981.h1


Financial

06/29/2012

Applicant failed to mitigate the security concerns raised by his $109,000 delinquent debt, none of which had been addressed. Clearance denied.


Financial

06/29/2012

Applicant is a 51-year-old employee of a defense contractor. Applicant has not mitigated Financial Considerations security concerns raised by his unpaid debts totaling $31,921. Eligibility for access to classified information is denied. CASE NO: 11-04421.h1


Financial

06/29/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of financial problems, which include delinquent debts, repossessed cars, and unpaid taxes. Clearance is denied. CASE NO: 11-02567.h1


Criminal; Personal Conduct

06/29/2012

Applicant initiated and developed a relationship with a 13-year-old girl, which resulted in his conviction for endangering the welfare of a child. He failed to mitigate the criminal conduct and personal conduct concerns raised by his actions. Clearance is denied. CASE NO. 10-11231.h1


Financial

06/29/2012

Applicant has been up to date on all of his other debts, except the delinquent debt that is the subject of the SOR, which was from a credit card that Applicant reported as lost. The debt on the card was not incurred by him, and Applicant and his wife have acted responsibly by using every reasonable means available to them to attempt to resolve this fraudulently incurred debt. Mitigation has been shown. Clearance is granted.


Financial

06/29/2012

Applicant owes delinquent debts amounting to more than $63,000. She has been on notice since 2010 that financial delinquencies are a security concern, but she provided no documentation showing that she has paid, made payments on, or has a plan to pay any of the SOR debts. Clearance is denied. CASE NO: 10-09789.h1


Financial

06/29/2012

Applicant failed to mitigate the Financial Considerations concern. He currently owes about $20,000 in delinquent debt to several creditors. Although his financial trouble was due to a period of unemployment and divorce, he has been with his current employer for over two years and failed to establish that his financial situation is under control. Clearance is denied. CASE NO: 10-07899.h1


Foreign Influence; Personal Conduct

06/29/2012

Applicant’s parents and siblings are citizens of Afghanistan living in Afghanistan or Pakistan. He has worked for the U.S. Army as a linguist for two-and-one-half years. His relatives do not know he is living and working in Afghanistan. An attack by a suicide bomber placed him in the hospital for a week. He was offered six months of convalescence leave, but returned to his unit in Afghanistan after one month. Applicant has rebutted or mitigated the security concerns under foreign influence and personal conduct. CASE NO: 10-03594.h1


Foreign Influence

06/29/2012

Applicant is 48 years old and was born in Afghanistan. He is married to a woman who was also born in Afghanistan. Applicant immigrated to the United States in 1991. Applicant became a U.S. citizen in 2001. He has one child born in the United States. He works for a defense contractor. Applicant’s mother lives in Afghanistan. His five brothers and two sisters are Afghan citizens and three brothers and two sisters live in Afghanistan. His father-in-law and brother-in-law are officers in the Afghan army. His contact with them varies from two weeks to six months. Applicant did not mitigate the foreign influence security concerns. Clearance is denied. CASE NO: 10-03193.h1


Foreign Influence

06/29/2012

Applicant is a native of Pakistan. He married a U.S. citizen in January 1999, became a U.S. citizen in May 2004, and has served as a linguist in Afghanistan for more than six years, including five months with a NATO unit in direct combat. His mother is a citizen of Pakistan who lives in the United States about half the time and in Pakistan about half the time. He has two brothers and three sisters who are citizens and residents of Pakistan. His older brother is an officer in the Pakistan Army. He has one sister who is a U.S. citizen residing in the United States. His brother-in-law, an aunt, an uncle, and two cousins became U.S. citizens, hold security clearances, and are deployed to Afghanistan as linguists. His application for a clearance is strongly supported by numerous supervisors and co-workers. Clearance is granted. CASE NO: 08-06795.h2


Financial

06/28/2012

Applicant has mitigated the security concerns caused by her history of financial problems. Clearance is granted. CASE NO: 11-14809


Financial

06/28/2012

Applicant accrued about $34,645 in delinquent debt due, in part, to irresponsible spending. She had an agreement in place to repay a $12,625 credit card judgment and two other credit card debts totaling $7,125, which she cancelled in August 2011. As of late September 2011, she was making no payments on her delinquent debts. Public trust position denied. CASE NO: 11-06376.h1


Financial

06/28/2012

Applicant has over $32,000 in unresolved delinquent debt. He falsified his security clearance application in addition to making false statements in his subject interview and at hearing. Clearance is denied. CASE NO. 11-02941.h1


Information Technology; Personal Conduct

06/28/2012

In 2010, Applicant received an unpaid, three-day suspension for violating his employer’s information technology and labor-charging policies. Applicant demonstrated rehabilitation and these events do not serve as a potential source for pressure, coercion, exploitation or duress. Clearance is granted. CASE NO. 10-11110.h1


Foreign Influence

06/28/2012

Applicant is 30 years old and was born in Afghanistan. He is married to a woman who was also born in Afghanistan. Applicant immigrated to the United States in 2001 with his wife and rents a home. Both are U.S. citizens since 2007. They have two children born in the United States. He works for a defense contractor. Applicant’s parents live in Afghanistan after living in the United States with Applicant for a while from 2001. His two brothers and one sister are naturalized U.S. citizens since 2007 and live in the United States. His parents-in-law live with him in the United States. His two brothers-in-law live in Iran and Russia. His contact with them is monthly. Applicant submitted character statements from persons with whom he has worked as a linguist who praise him highly for his loyalty, honesty, and competency. Applicant did not mitigate the foreign influence security concerns. Clearance is denied. CASE NO: 09-08099.h1


Personal Conduct

06/27/2012

Forty-four-year-old Applicant’s history includes several instances of dishonesty. Over a period of years, he continued to give his family the false impression that he was divorced when, in fact, he was not. He repeatedly lied to the Government in writing (2003 SF 86) and during a 2007 OPM interview about having a degree when, in fact, he did not. And, in 2009, he lied to his employer about his working hours, leading to his termination. Applicant has offered explanations for his actions, and furnished documents in an effort to support his contentions that he did not lie about his work hours. However, as the state office of unemployment insurance Appeals Division noted, Applicant’s testimony or documentary evidence was not credible. Under the evidence presented, I have significant questions about Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is denied. CASE NO: 11-10988.h1


Financial

06/27/2012

Applicant’s statement of reasons (SOR) alleges four delinquent debts, totaling $181,675. He mitigated two debts. On June 19, 2012, the IRS determined that the taxes and civil penalties owed for 2007, 2009, and 2010 are $155,874. He has not made the first payment under his installment agreement with the IRS. Financial considerations are not mitigated. Eligibility for access to classified information is denied. CASE NO: 11-03183.h1


Foreign Influence

06/27/2012

Applicant and his spouse have several family members living in South Korea. His spouse is a South Korean citizen and resident of the United States. Applicant has visited South Korea over the last ten years. Foreign influence concerns raised by his connections to South Korea are mitigated because he has such deep and longstanding relationships and loyalties in the United States that he can be expected to resolve any conflict of interest in favor of the U.S. interest. Access to classified information is granted. CASE NO: 10-06997.h1


Financial

06/27/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of financial problems, which includes two bankruptcies, two foreclosed houses, and a repossessed pickup truck. Clearance is denied. CASE NO: 10-05886.h1


Financial; Personal Conduct

06/27/2012

Applicant suspected fraudulent transactions on his credit card account. On advice of his attorney, he did not pay the bill, but instead he funded an escrow account while his attorney tried unsuccessfully to negotiate a settlement. Eventually, the statute of limitations made the debt uncollectable. Applicant invested in two rental properties, hoping to sell the first property and refinance an adjustable rate mortgage (ARM) on the second property. The first property was destroyed by arson and Applicant stopped making the mortgage payments when the insurance settlement stalled. He stopped making the mortgage payments on the second property when the ARM adjusted upward and the property value dropped. Both properties were foreclosed, but Applicant remained in contact with the lenders and eventually resolved the delinquent mortgages. On his security clearance application, he did not disclose the delinquent mortgages on the first property because he erroneously thought that the insurance company was responsible for the payments. Clearance is granted. CASE NO: 10-02161.h1


Handling Protected Information; Personal Conduct

06/27/2012

Applicant knowingly accessed classified information without having the required documentation. He improperly used his personal computer to process controlled unclassified information. He improperly marked an unclassified proposal as Secret to improve the possibility that his employer would receive a government contract. He was honest with Defense Security Service (DSS) investigators and credible at this hearing. Personal conduct concerns are mitigated; however, handling protected information concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-07219.h1


Criminal Conduct; Drugs; Personal Conduct

06/27/2012

Applicant has a ten-year history of poly-drug abuse and multiple drug-related arrests between 2001 and 2006. With the aid of a strong rehabilitation program and AA commitments, he has avoided any kind of substance abuse and confrontations with law enforcement for over six years and has turned his life around. He is highly regarded by his employer and presents no foreseeable risk of recurrence. He mitigates criminal conduct, drug involvement, and personal conduct related to his arrests and drug activity. Applicant listed all of his drug use in the e-QIP he completed and omitted his drug sales by proven mistake and misunderstanding. As such, he mitigates allegations of omission in the e-QIP he completed. Clearance is granted. CASE NO: 09-02545.h1


Foreign Influence

6/26/2012

Applicant is a U.S. born citizen and resident. Applicant's wife and stepson were born in the People's Republic of China, but are now U.S. citizens and residents. Applicant's son, mother, father, two aunts, uncle and 15 cousins are all U.S. born citizens and residents. His contact with and feelings for his brother-in-law and sister-in-law in the PRC is extremely limited. Applicant has significant assets in the United States. He has no assets outside of the country. Mitigation has been shown. Clearance is granted


Criminal Conduct; Personal Conduct

06/26/2012

Applicant is on probation until October 2012 following his conviction for driving while intoxicated (DWI) in May 2010. His previous criminal history includes a February 1991 felony charge of terroristic threats, pled down to disorderly conduct, and a May 2004 driving under the influence (DUI) charge, reduced to careless driving. Applicant was suspended from work for a few days in August 2003 for threatening a co-worker. The Personal Conduct concerns raised by this threat are overcome by time with no recurrence, but the Criminal Conduct concerns are not fully mitigated. Clearance denied. CASE NO: 11-06804.h1


Personal Conduct

06/26/2012

During a 1998 security clearance interview, Applicant admitted to security violations and sexual criminal conduct. In 2010, and at his hearing, he made false statements denying his 1998 admissions. His personal conduct continues to cast serious doubt on his judgment, his ability to safeguard classified information, and on his ability to comply with the law and regulations. Clearance is denied. CASE NO: 11-04699.h1


Financial

06/26/2012

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


Alcohol

06/26/2012

Applicant failed to mitigate the Alcohol Consumption concern. He has a long history of excessive alcohol consumption, which has resulted in several alcohol-related incidents. Although Applicant’s last alcohol-related incident was five years ago, he continues to drink excessively despite a current diagnosis of alcohol abuse. Applicant’s inability to curb his excessive alcohol use raises concerns about his suitability for access to classified information. Clearance is denied. CASE NO: 11-04287.h1


Financial

06/26/2012

Applicant accumulated about $527,000 of delinquent debt, owed to 30 creditors, as a result of periods of unemployment, underemployment, and inconsistent child support from 2003 to 2011. The largest debt was a judgment for $494,000 owed to a cell phone company that was incorrectly recorded with a credit reporting company. Applicant paid, resolved, or successfully disputed 18 of the 30 debts, and has a plan to resolve and pay the remaining $20,800 of delinquent debts. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

06/26/2012

Applicant works for a defense contractor. She has 14 delinquent debts totaling $25,278. Appellant resolved four delinquent debts. She has not resolved the remaining debts. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 11-00397.h1


Drugs; Personal Conduct

06/26/2012

Although Applicant’s most recent drug-related arrest occurred over three years ago, it continues to cast doubt on his current security worthiness, as do his repeated false statements about the circumstances of his 2009 arrest. Clearance is denied. CASE NO. 10-10976.h1


Foreign Preference

06/26/2012

Applicant, a U.S.-born citizen, requested her Mexican citizenship and passport at age 22. She is aware that her actions indicate a preference for a foreign country over the United States. She is not willing to surrender her passport (valid until 2015), or to renounce her foreign citizenship. She became a Mexican citizen to work and live in Mexico along with her Mexican family members and friends. She has failed to mitigate foreign preference security concerns. Clearance is denied. CASE NO: 10-07725.h1


Personal Conduct, Alcohol Consumption; Criminal Conduct

06/26/2012

In March 2010, Applicant was arrested and later convicted of driving under the influence (DUI) of alcohol. Also in 2010, he knowingly broke the law by driving on a revoked or suspended license. Applicant has failed to rebut or mitigate the security concerns under the personal conduct, alcohol consumption, and criminal conduct guidelines. Clearance is denied. CASE NO: 10-07461.h1


Guideline F

06/26/2012

Hearing Office decisions are not binding on the Appeal Board or on other Hearing Office Judges. Judge’s conclusion that Applicant’s circumstances suggested a lack of financial restraint is sustainable. Adverse decision affirmed. CASE NO: 10-05738.a1


Foreign Preference; Foreign Influence

06/26/2012


Alcohol

06/26/2012

Applicant has struggled with alcohol for approximately 30 years, and although he has had some periods of sobriety, he has had considerable periods of time when he could not control his alcohol consumption. He has gone to 28-day inpatient programs on two occasions, the most recent, less than three months before the hearing, and he has been to detoxification programs at least four times during the years he has struggled with alcohol. Applicant's alcohol consumption resulted in many instances of him driving a vehicle while he was intoxicated. He also received at least one letter of reprimand from his work related to alcohol. Applicant has been diagnosed by more than one duly qualified professional of alcohol abuse or alcohol dependence. No mitigating conditions are applicable. Clearance is denied.


Financial; Personal Conduct

06/26/2012

Because Post Hearing documents were submitted, but not received by the Administrative Judge or considered in the initial Decision, the case was remanded so that the Post Hearing exhibits could be considered. Nothing in the Post Hearing exhibits in any way altered the findings in the initial Decision. Applicant failed to file Federal and State tax returns that were due for several years. He also is in arrears for child support in the amount of approximately $25,000. Additionally, Applicant knowingly and wilfully did not furnish accurate information on a 2009 Security Clearance Application, regarding his failure to file taxes returns and his child support arrearage, and it was done in an attempt to mislead the Government. Mitigation has not been shown. Clearance is denied.


Financial Considerations; Personal Conduct

06/26/2012

Applicant accumulated federal and state tax liens covering back taxes, several judgments, and two small delinquent debts. Applicant relies on statutes of limitation to avoid liability on any owed back taxes and satisfaction of his remaining unresolved judgment. His claims of paying all of his back federal and state taxes lack corroborating documentary evidence sufficient to enable him to sustain his burden of proof. Security concerns associated with Applicant's accumulated tax delinquencies and his remaining unsatisfied judgment are not mitigated. Applicant mitigates personal conduct concerns over his e-QIP omissions. Clearance is denied. CASE NO: 10-02969.h1


Financial

06/26/2012

Forty-one-year-old Applicant failed to mitigate the security concerns regarding financial considerations. He attributed his financial problems to a low salary, poor money management, his failed marriage, and his initial unawareness of the debt. But, he also admitted he was living beyond his means in 2007 and 2008. He experienced periods of unemployment; his wife was spending too much money; and he moved out of state for unexplained personal reasons. While some of those reasons were largely beyond Applicant’s control (e.g., loss of employment, divorce, and separation), it is difficult to conclude that Applicant acted responsibly under the circumstances. Applicant claimed he attempted to contact some creditors, e-mailed other creditors, or was working on payment arrangements with other creditors, but he failed to submit any documentary evidence to support his claims. There is no evidence that Applicant made any effort to resolve these accounts, and they remain unresolved. His actions leave substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 10-02472.h1


Guideline F; Guideline E

06/26/2012

The Directive presumes a nexus between proven conduct under any of the Guidelines and an applicant’s security eligibility. Applicant failed to demonstrate that he was denied the due process afforded by the Directive. A Judge may find that conduct is of security concern under one Guideline but not under another. Adverse decision affirmed. CASE O: 10-00925.a1


Financial

06/25/2012

Applicant works for a defense contractor. She has 26 delinquent debts totaling over $39,000. Applicant has not resolved any of these debts. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 11-12022.h1


Drug Involvement; Personal Conduct

06/25/2012

Forty-two-year-old Applicant used marijuana from 1989 until August 2009. In 2005, he lied on his application for a security clearance when he denied ever using marijuana. In June 2010, before the Government knew of his marijuana abuse and before he could be confronted by an investigator from the U.S. Office of Personnel Management (OPM), Applicant answered a similar question in his SF 86 truthfully. In July 2010, and again in October 2011, when he was interviewed by OPM, he again answered the questions truthfully. Applicant has been characterized as honest and trustworthy by those who know him well. His action in 2005 – seven years ago – in responding falsely to the inquiry regarding marijuana use was clearly aberrant and out of character for him. Applicant subsequently changed his lifestyle and made a conscious decision to avoid environments where drug abuse may occur. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 11-00575.h1


Financial

06/25/2012

Applicant owes delinquent debts amounting to more than $34,000. He has been on notice since 2010 that financial delinquencies are a security concern, but he provided no documentation showing that he has paid, made payments on, or has a plan to pay any of the SOR debts. Clearance is denied. CASE NO: 10-07913.h1


Financial; Criminal Conduct

06/25/2012

Applicant works for a defense contractor. He has 19 delinquent debts totaling $13,492. Applicant procrastinated in resolving his delinquent debts. Only several weeks before the hearing did he retain an internet agency to repay his delinquent debt. He has not made a payment yet. Also, Applicant has three criminal arrests and two convictions from those arrests between 2003 and 2009. There have not been any further criminal actions since 2009 and Applicant rehabilitated himself by his subsequent employment and personal conduct. Applicant did not mitigate the financial considerations. He did mitigate the criminal conduct security concerns. Eligibility for a clearance is denied. CASE NO: 10-07517.h1


Financial; Personal Conduct

06/25/2012

Applicant failed to mitigate security concerns arising from her financial delinquencies and personal conduct. Clearance is denied. CASE NO: 10-05575. h1


Drug Involvement; Personal Conduct

06/22/2012

Applicant used marijuana from 2000 to 2007, when he was between the ages of 17 to 24. For the past five years, he has abstained from any drug use, passed all work-related random drug tests, received a favorable prognosis from a drug and alcohol counselor, and signed a statement of intent with automatic revocation of clearance for any violation. Falsification concerns stemming from completion of his security clearance application were determined to be unfounded. Drug involvement and personal conduct concerns are mitigated. Clearance is granted. CASE NO: 11-04781.h1


Financial; Drug Involvement; and Personal Conduct

06/22/2012

Applicant did not have the requisite intent to falsify information he provided on a security clearance application and at a security interview regarding a 1994 gun possession charge, because he revealed other adverse information. However, he has three delinquent debts totaling more than $100,000. He has been paying on one, but has ignored the other two. He used marijuana in 2006, while holding a security clearance. His actions raise doubts as to his judgment and trustworthiness. Clearance is denied. CASE NO: 11-03909.h1


Foreign Influence

06/22/2012

Applicant is a 41-year-old employee of a defense contractor. Applicant mitigated the foreign interest concerns related to his foreign family members and foreign family members associated with the government of Brazil. Eligibility for access to classified information is granted. CASE NO: 11-01934.h1


Criminal Conduct; Sexual Behavior; Personal Conduct

06/22/2012

Applicant was convicted in March 1990 of felony unlawful contact involving an underage niece. In October 2004, he pled guilty to assault for sexual acts committed against another niece in January 2004. In March 2007, he was fined for failure to register as a sex offender. He did not report his felony charges or his violation of the sex offender registry on his July 2010 security clearance application. The Criminal Conduct, Sexual Behavior, and Personal Conduct concerns are not fully mitigated. Clearance denied. CASE NO: 11-00211.h1


Foreign Influence; Personal Conduct; Financial

06/22/2012

Applicant is seeking a security clearance to work as a Pashto linguist in Afghanistan. He is unable to mitigate the foreign influence security concern stemming from his family ties to Afghanistan. Likewise, he is unable to mitigate the personal conduct concern stemming from his high-risk sexual behavior, which demonstrates poor judgment, while working for a defense contractor in support of the U.S. armed forces in Afghanistan. Clearance is denied. CASE NO: 10-11020.h1


Financial; Alcohol Consumption

06/22/2012

Applicant mitigated the alcohol consumption security concerns, but failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-06676


Financial; Personal Conduct

06/22/2012

Applicant did not mitigate the security concerns raised by his financial problems and his personal conduct. Applicant incurred more than $111,000 in delinquent debt for 30 accounts. Although some of his debts arose after a business failure and subsequent employment problems between 2006 and 2008, he failed to act responsibly when his income was restored in 2008. He also deliberately omitted information about his financial problems when he submitted a security clearance application required for his current job. His request for a security clearance is denied. CASE NO: 10- 06198.h1


Personal Conduct; Financial

06/22/2012

Applicant mitigated the personal conduct security concerns, but failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-04427


Financial

06/22/2012

Although Applicant's financial problems were caused by circumstances beyond his control, he failed to establish that they are being resolved or are under control. Clearance is denied. CASE NO: 10-03919.h1


Financial; Foreign Influence

06/22/2012

Applicant is a 53-year-old employee of a defense contractor. He mitigated security concerns arising from his foreign contacts and delinquent debts. Clearance is granted. CASE NO. 10-00602.h1


Financial

06/21/2012

ADP case. Applicant has not mitigated the security significance of her significant past-due indebtedness. A decision of trustworthiness is denied. CASE NO: 11-11592.h1


Guideline B

06/20/2012

Applicant’s arguments regarding mitigation of property and relatives in Pakistan do not demonstrate that the Judge erred. Adverse decision affirmed.


Guideline H; Guideline E

06/20/2012

Applicant used marijuana for twenty years ending in 2012. A party’s disagreement with the Judge’s weighing of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Foreign Influence

06/20/2012

Applicant presented sufficient information to mitigate the security concerns about his ties to family members and associates who are citizens of and reside in the Peoples Republic of China. Clearance is granted. CASE NO: 10-09431.h1


Alcohol; Personal Conduct

06/20/2012

Applicant was diagnosed with alcohol abuse and alcohol dependence. Since 2007, she participated in five chemical dependence treatment programs, and she relapsed after each treatment. Her most recent relapse occurred in April 2012. Applicant is receiving psychiatric treatment and medication for her depression, and she is doing better. Notwithstanding, it is too soon for Applicant to establish that she can control her alcoholism and depression. She failed to mitigate the Guideline G and E security concerns. Clearance is denied. CASE NO: 10-06799.h1


Criminal Conduct; Alcohol

06/20/2012

Applicant mitigated the security concerns that arose out of his criminal activities during the period of 1991 through 2008. He has not committed any criminal offenses since 2008. He also mitigated the concerns over his alcohol consumption. He has not consumed alcohol since 2007. Eligibility for access to classified information is granted. CASE NO: 10-05715.h1


Financial

06/19/2012

Applicant’s financial delinquencies began after he lost his job in 2007. He soon found another job, but at lower pay. Upon the advice of counsel, he filed for Chapter 11 bankruptcy in 2009. The bankruptcy was dismissed in September 2011 because a majority of his creditors refused to participate in the bankruptcy plan. Applicant and his wife now have a combined net monthly income of approximately $9,417. Their net monthly remainder is $3,668. Applicant plans to resolve many of 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: 11-01603.h1


Guideline E; Guideline F

06/19/2012

Although the Government presented substantial evidence of a Guideline e security concern, based in large measure upon a finding of liability in a civil trial, Applicant was precluded from presenting his case in mitigation in absence of evidence concerning the precise nature of his conduct. Adverse decision remanded. CASE NO: 11-00180.a1


Guideline E and Guideline B

06/19/2012

Applicant’s association with a foreign official, his affairs with foreign women, and his loss of a company laptop computer in a foreign country raised security concerns. Although this conduct occurred over ten years prior to the hearing, the Judge concluded that Applicant had not had an opportunity in the intervening years to demonstrate rehabilitation. Adverse decision affirmed. CASE NO: 10-02671.a1


Drugs

06/18/2012

Applicant admittedly purchased and used illegal drugs with varying frequency between 2004 and July 2010. His two years of abstinence are insufficient to mitigate his six-year history of drug use. Clearance is denied. CASE NO. 11-11283.h1


Security Violations; Information Technology; Personal Conduct; Financial Considerations

06/18/2012

Applicant left several jobs under unfavorable conditions. He resigned from a job with a government agency in lieu of termination after several security violations. He received a Chapter 7 bankruptcy discharge in April 2010, after which he accumulated several delinquent debts. He began receiving treatment for attention-deficit/hyperactivity disorder and a pervasive development disorder in July 2010. He began his most recent job in January 2011, and has earned the respect and support of his supervisor and facility security officer. He has resolved one debt, successfully disputed one debt, and made payment arrangements for three debts. Only one $18 medical bill is unresolved. Clearance is granted. CASE NO: 11-10004.h1


Financial Considerations

06/18/2012

Fifty-eight-year-old Applicant’s financial problems (attributed to not making as much money; supporting his children; and the rising cost of living in the area) commenced in 2008 when he began falling behind on his various payments. He sought the professional guidance and assistance of a consumer debt counselor, and consolidated his debts with that company, and engaged the services of a contractual payment service. Commencing in 2010, some accounts were settled with the assistance of his consumer debt counselor, and he has continued to make his monthly payments to his contractual payment service, which in turn has been making monthly payments to his remaining creditors. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 11-04276.h1


Financial Considerations

06/18/2012

Applicant is paying his mortgage and paid one additional debt. However, several charged-off or collection accounts, which total more than $23,000, have yet to be addressed. He did not intentionally provide false answers on his security clearance questionnaire. He mitigated the personal conduct security concerns, but failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-03409.h1


Alcohol

06/18/2012

Applicant has a lengthy history of recurrent alcohol abuse marked by multiple treatment admissions and dependency diagnoses followed by brief periods of sobriety before relapses into more abusive drinking. While he has made encouraging progress over the past 26 months with self-imposed abstinence aided by AA participation and a strong church/family network of support, he lacks a documented favorable prognosis covering his co-occurring disorders. More time is needed to make safe predictions that Applicant is not at risk to recurrent alcohol abuse. Alcohol concerns are not mitigated. Clearance is denied. CASE NO: 10-10710.h1


Financial

06/18/2012

Applicant accrued about $18,000 in delinquent debts over the past seven years. He made no progress toward resolution of any of them, despite being fully employed since at least November 2002, except for two months of part-time work in 2008 and one month of unemployment in 2010 after he quit a job working as a contractor in Iraq. 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: 10-10357.h1


Criminal Conduct

06/18/2012

Applicant is 38-years-old and has been employed by a defense contractor since July 2006. In 1993 he was convicted of conversion, a misdemeanor. In 1994 he was arrested for murder and convicted of burglary, while on probation for the 1993 crime. He and spent seven years of a 20-year sentence in prison. While there he earned a bachelor’s degree. In July 2001 he was released from prison and remained on parole for 22 months. In June 2004 he smoked marijuana for one week. In November 2005 he was arrested for operating a vehicle while intoxicated, operating a vehicle while intoxicated and endangering another person, and leaving the scene of an accident. He was convicted of operating a vehicle while intoxicated and endangering another person. He completed the sentencing terms and one year of probation. Since July 2006 he has successfully worked for his employer and earned another bachelor’s degree. His performance evaluations rate him as an excellent and trustworthy employee. He expressed remorse for his past criminal conduct and accepted responsibility for his actions. His life is now focused on his job, wife, and new baby. Although he provided encouraging evidence of rehabilitation, it is insufficient to fully mitigate the security concerns raised under the guideline for criminal conduct, given his 14 years of involvement in the criminal justice system and seriousness of two crimes. Clearance is denied.


Financial Considerations

06/18/2012

Applicant had two tax liens entered against him, which totaled approximately $30,000. He has paid one of the liens and he has offered to make voluntary payments on the other, which is no longer enforceable. Applicant has rebutted or mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 10-09590.h1


Foreign Preference; Foreign Influence

06/18/2012

Applicant is a 55-year-old subcontractor. The action is based on foreign preference and foreign influence concerns raised by Applicant's dual citizenship with Iran and his family ties or connections to Iran, his country of birth. The foreign preference concern is mitigated, but Applicant did not present sufficient evidence to explain, extenuate, or mitigate the foreign influence concern. Eligibility is denied. CASE NO: 10-09229.h1


Financial Considerations

06/18/2012

Applicant owed approximately $15,000 on four charged-off or collection accounts, which are now included in his repayment plan. Applicant has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 10-08449.h1


Financial Considerations

06/18/2012

Applicant accrued five delinquent debts during his Navy deployments, two of which were assigned to his ex-wife in their divorce judgment. Assuming responsibility for the debts, Applicant has since repaid two of them and has repayment plans in place on two of the remaining three debts. He shows good promise of repaying the listed debts.. Security concerns associated with Applicant's accumulated delinquencies are mitigated. Clearance is granted. CASE NO: 10-05831.h1


Financial; Personal Conduct

06/18/2012

Applicant’s SOR lists 14 delinquent debts, totaling about $40,466. He has a history of delinquent debt, and he did not make sufficient progress resolving his delinquent SOR debts. He did not provide complete information about his delinquent debts and judgments on his September 19, 2007 Electronic Questionnaires for Investigations Processing (e-QIP) version of a security clearance application (SF-86); however, he provided sufficient information to place the government on notice of his financial problems. Personal conduct concerns are mitigated. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-07789.h1


Guideline F

06/15/2012

The Judge found that Applicant had a history of financial problems triggered in part by an adjusting ARM loan, which caused his mortgage payments to spike to the point that credit cards were used to meet living expenses. At the time of the hearing Applicant was still in the process of trying to obtain a discharge of his debts through a Chapter 7 bankruptcy. The Judge concluded that Applicant’s current financial situation is precarious as shown by a negative monthly case flow of several hundred dollars. The Judge reasonably explained why the mitigating evidence was insufficient to overcome the government’s security concerns. Adverse decision affirmed. CASE NO: 11-00421.a1


Guideline F

06/15/2012

The Judge concluded that Applicant evidenced poor judgment when he left his job of 17 years and elected to tap his personal credit in trading stock options. The Judge also concluded that Applicant and his wife had a history of living beyond their means. These conclusions are supported by the record. Adverse decision affirmed.


Financial

06/14/2012

Applicant has a history of delinquent debt. She did not ensure her state and federal taxes were fully paid. After being assessed several tax liens, she did not make sufficient progress resolving them. Her four delinquent tax debts total $456,266, and she did not provide documentary evidence showing any payments to address these four debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 11-12704.h1


Drug Involvement; Alcohol Consumption

06/14/2012

Applicant engaged in binge consumption of alcohol resulting in blackouts. Upon return from deployment in early May 2012, he resumed alcohol consumption. He only used marijuana once in the last 10 years, and that was in December 2009. Drug involvement concerns are mitigated; however, alcohol consumption concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-11132.h1


Guideline F; Guideline E

06/14/2012

Applicant failed ti file tax returns six for six years since 2000. Adverse decision affirmed.


Personal Conduct

06/14/2012

On July 16, 2008, Applicant intentionally failed to provide accurate information on his Electronic Questionnaires for Investigations Processing (e-QIP) version of a security clearance application (SF-86). On October 21, 2008, he made an intentionally false statement to an Office of Personnel Management (OPM) investigator when he lied about the reason he was terminated from employment. Personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-05266.h1


Psychological Conditions; Alcohol; Drugs; Personal Conduct

06/14/2012

Applicant has a long history of noncompliance with the treatment protocol for his diagnosed bipolar disorder, resulting in impairment of his judgment and in dysfunctional behavior requiring hospitalization. He abused marijuana from about 1983 to November 2010, including since 2002 with a Department of Defense security clearance. He also drank alcohol to at least 2007, knowing it could impair the effectiveness of his psychiatric medications. Clearance denied. CASE NO: 09-00318.h1


Financial Considerations; Personal Conduct

06/13/2012

Applicant had two charged-off accounts, eleven accounts placed for collection, three past-due accounts, and seven unpaid medical debts. These financial obligations total approximately $23,000. He has entered into a debt settlement plan addressing 12 accounts that total more than $18,000. The incorrect responses to financial questions on his security clearance questionnaire were not intentional falsifications. Applicant has rebutted or mitigated the financial considerations and personal conduct security concerns. Clearance is granted. CASE NO: 11-06621.h1


Foreign Influence; Personal Conduct

06/13/2012

Sixty-nine-year-old Afghan-born Applicant (a linguist, language, and cultural instructor for the U.S. military both pre-deployment and in Afghanistan) immigrated to the United States in 1963 or 1964, and is a naturalized U.S. citizen. His wife and children are U.S. citizens residing in the United States. For decades, Applicant erroneously thought his only brother, a refugee, was deceased. Applicant has seen his brother, who now resides in Afghanistan, only once since the 1960s. Applicant’s daughter, a graduate student at a U.S. university, accepted an internship at an Afghan Ministry, jointly sponsored by her university as a practicum and the Ministry. She completed the program and is now employed in the United States. Applicant has offered to continue to risk his life to support the United States’ goals in Afghanistan, and has shown his patriotism, loyalty, and fidelity to the United States. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 11-04568.h1


Foreign Influence; Foreign Preference

06/13/2012

Applicant is a 56-year-old senior management official for a privately-held firm. She is unable to mitigate the foreign preference security concern stemming from her ongoing exercise of Iranian citizenship by possession of a current Iranian passport. Likewise, she is unable to mitigate the foreign influence security concern stemming from her relatively strong family ties to Iran. Clearance is denied. CASE NO: 11-03809.h1


Financial Considerations

06/13/2012

Applicant accrued 26 delinquent debts during an extended period of unemployment. His attempts to engage a law firm to petition for Chapter 7 bankruptcy relief from these debts were unsuccessful. His debts have since been charged off or placed in collection, and remain unsatisfied. Security concerns associated with Applicant's accumulated delinquencies are not mitigated. Clearance is denied. CASE NO: 11-03403.h1


Financial Considerations

06/13/2012

Applicant was $68,000 past due on his home mortgage, which has gone to foreclosure. He failed to document he has addressed any delinquency arising from the foreclosure. He had five other delinquent accounts which totaled less than $2,000. He failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-09953.h1


Financial

06/13/2012

Applicant did not mitigate security concerns related to his history of financial irresponsibility. His lack of action to resolve his delinquent accounts, even though he had extra income, raises questions about his judgment and reliability. Clearance is denied. CASE NO: 10-07976.h1


Foreign Influence, Foreign Preference, Financial, Personal Conduct

06/13/2012

Applicant became a U.S. citizen in 1989. He works for U.S. forces in Afghanistan, where he lives with his wife, children, and other family members, who are citizens of Afghanistan. In 2006, during his first assignment with a coalition partner, he did not perform well, and was terminated. Over the past four years, he has performed in an outstanding manner. He has placed himself in harm’s way for U.S. forces on more than one occasion, demonstrating that he places U.S. interests above his own. Security concerns related to foreign influence and foreign preference are mitigated. However, Applicant deliberately failed to inform the government of his job termination. He also failed to pay his federal taxes for three tax years starting in 2002, despite having substantial savings. He paid almost $21,000 in taxes before the hearing. Security concerns related to financial considerations and personal conduct are not mitigated. Clearance is denied. CASE NO: 10-05909.h1


Alcohol

06/13/2012

Applicant mitigated the Alcohol Consumption concern. Applicant’s alcohol use resulted in convictions in 2004 and 2009 for driving under the influence (DUI). After her last DUI in 2009, Applicant voluntarily entered treatment, became actively involved in Alcoholics Anonymous, and has since abstained from alcohol. Applicant’s past alcohol use no longer casts doubt on her current judgment and reliability. Clearance is granted. CASE NO: 10-03591.h1


Financial

06/12/2012

Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 11-04289.h1


Personal Conduct

06/12/2012

Applicant is 27 years old and employed as an Armed Security Guard by a defense contractor. He did not deliberately conceal his arrest of May 2, 2010, from the Government on his security clearance application, but was misguided by information provided to him by the Judge. Sufficient mitigation is shown. Clearance is granted CASE NO: 11-02635.h1


Financial

06/12/2012

Applicant is 52 years old and employed as a Computer Technician by a defense contractor. His history of excessive indebtedness that includes back taxes owed to the IRS totaling in excess of $50,000, and debts to other creditors totaling about $5,000 has not been sufficiently resolved at this time to warrant security clearance eligibility. In the event that he continues to resolve his debts he may be eligible in the future. Insufficient mitigation is shown. Clearance is denied. CASE NO: 11-01993.h1


Guideline F

06/12/2012

Applicant’s disagreement with the Judge’s weighing of the evidence was not sufficient to demonstrate error. The Appeal Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 11-00982.a1


Foreign Influence

06/12/2012

Applicant mitigated the Foreign Influence concern. He has worked for the U.S. Government, as either an employee or a contractor, for over 30 years. He has held a security clearance the entire time without incident, including during periods when his foreign contacts and connections were far more extensive than at present. Clearance is granted. CASE NO: 10-00980.h1


Foreign Interest

06/12/2012

Applicant has mitigated the foreign influence concerns in this case. Applicant is a naturalized U.S. citizen who has family members who are citizens of Lebanon. He inherited property in Syria upon his father's death, but believes the property is not of much value due to the ongoing conflict in Syria. His wife is a dual citizen of Canada and Lebanon. He and his wife and U.S. born son have a life in the United States. He has strong ties to the United States that weigh heavily in his favor. CASE NO:11-00140.h1


Drugs; Personal Conduct

06/12/2012

Applicant used marijuana from 1993 until 2008, including during the period he held a security clearance. He falsified two questionnaires concerning this drug use. Insufficient mitigation is shown. Clearance is denied. CASE NO: 10-10127.h1


Guideline F

06/12/2012

Judge’s finding that Applicant probably did not owe the deficiency resulting from the foreclosure sale of her home was not based upon substantial record evidence. Even if a debt is unenforceable under state law, a Judge must still consider the underlying circumstances. Favorable decision remanded. CASE NO: 10-07393.a1


Financial

06/12/2012

Applicant is 50 years old and employed as a Field Service Representative by a defense contractor. His history of excessive indebtedness has been resolved. Clearance is granted. CASE NO: 10-00398.h1


Financial

06/11/2012

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 11-02512.h1


Financial

06/11/2012

Applicant mitigated the security concerns raised by her past bankruptcy and continued financial problems, by demonstrating that the bankruptcy was due to her unemployment and her ongoing financial problems were due to her unemployment and underemployment and the lack of financial support from her ne'er-do-well husband—from whom she is now divorced. She had made substantial progress on her delinquent debt and had a clear plan for addressing the remaining debt. Clearance granted.


Financial; Personal Conduct

06/11/2012

Applicant failed to mitigate the security concerns raised by her continued financial problems after her bankruptcy discharge in December 2001, her failure to address three large delinquent debts, and her failure to properly file state and federal income tax returns. Clearance denied.


Financial

06/08/2012

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 11-13529.h1


Alcohol, Drugs, and Personal Conduct

06/08/2012

Applicant mitigated the Alcohol Consumption and Drug Involvement concerns, as she has overcome her alcohol and drug addiction. However, she failed to mitigate the Personal Conduct concern, because she falsified her security clearance application by deliberately omitting information about her past alcohol and drug problems. Such deceit casts doubt on her current reliability, trustworthiness, and good judgment. Clearance is denied. CASE NO: 10-08144.h1


Financial; Personal Conduct

06/07/2012

Applicant mitigated the security concerns raised by his improper, but unwitting, use of a company travel card for personal expenses by reporting his conduct to his company and moving quickly to resolve the resulting delinquent debt. Clearance granted.


Guideline C; Guideline B

06/07/2012

The Judge concluded that Applicant’s circumstances raise a possibility that he could become a target of those seeking access to classified information. In addition to his possession of a foreign passport, the Judge also relied on evidence of Applicant’s assets in Israel and his closeness to his family there. The Judge’s conclusions are supported by the record evidence. Adverse decision affirmed. CASE NO: 11-02842.a1


Financial; Personal Conduct

06/07/2012

Applicant has a history of delinquent debt, and he did not make sufficient progress resolving 15 delinquent debts, totaling about $57,000. He did not provide accurate information about his delinquent debts on his July 13, 2010, Electronic Questionnaires for Investigations Processing (e-QIP) version of a security clearance application (SF-86). Financial considerations and personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 11-01552.h1


Foreign Influence

6/07/2012

Applicant was born in Afghanistan, came to the United States in 1982, and became a naturalized United States citizen in 1989. Applicant's wife, his three daughters, his mother, and his two grandsons are all residents and citizens of the United States. Applicant's sister-in-law and cousins also reside in the United States. Applicant purchased a home in the United States, and he has no property outside of the United States. None of his relatives in Afghanistan or Pakistan now work for their respective Governments, and his contact with his relatives is extremely infrequent. Mitigation has been shown. Clearance is granted


Alcohol and Criminal Conduct

06/07/2012

Applicant failed to mitigate the Alcohol Consumption and Criminal Conduct concerns. He had 12 alcohol-related criminal incidents from 1989 to 2009. He has gone through alcohol treatment in the past and afterwards continued to drink. He has been diagnosed as alcohol dependent. Although he has been sober now for over two years, this period of abstinence is insufficient to mitigate the concern raised by his long history of alcohol dependency and alcohol-related criminal conduct. Clearance is denied. CASE NO: 10-10679.h1


Criminal Conduct; Personal Conduct

06/07/2012

Applicant has a 14-year history of arrests and convictions (mostly drug related) that resulted in several lengthy periods of incarceration. His rehabilitative efforts to date, while encouraging, are not enough to mitigate criminal conduct concerns. His arrest omissions in the e-QIP he completed in 2010 were the result of mistake and confusion and are mitigated. Clearance is denied. CASE NO: 10-09117h1


Financial

06/07/2012

Applicant mitigated the security concerns raised by his delinquent debts by starting to address his biggest debts in September 2008 and making steady progress on his remaining debts until the only one left to resolve is a $2,000 credit card debt that is in the process of resolution. Clearance granted.


Guideline F; Guideline E

06/07/2012

The Judge noted that a debt arising from Applicant’s divorce was the only one alleged in the SOR, and that he had taken steps to ensure that it is paid off. The Judge concluded that Applicant has no other outstanding debts, lives within his means, and has reduced or eliminated any vulnerability to exploitation that might otherwise have arisen from his debt. The Judge’s conclusions are sustainable. Favorable decision affirmed. CASE NO: 10-03301.a1


Alcohol

06/07/2012

Applicant mitigated the security concerns raised by her 15-year history of alcohol abuse and alcohol dependence, by accepting her alcohol dependence, by adopting the principles and actions of Alcoholics Anonymous, and by abstaining from alcohol for the past 18 months. Clearance granted.


Psychological Conditions; Personal Conduct

06/07/2012

In August 2006, Applicant had a psychotic episode. He received inpatient psychiatric treatment and was diagnosed under Axis I with Bipolar Disorder, Mixed with Psychotic Features. He was reevaluated on July 5, 2011, and he received the same diagnosis. He did not receive follow-up psychiatric treatment or therapy after he was an inpatient in August 2006. He was not completely honest and candid to the psychologist evaluating him on July 5, 2011. Psychological conditions and personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-06843.h1


Guideline K; Guideline E

06/06/2012

Criminal investigation report was properly admitted as an official record. Even though documents in question were not classified, as alleged in the SOR, they were sensitive and, as such, within the scope of Guideline K. A SOR is required to place an applicant on reasonable notice of the allegations against him. It does not have to satisfy the strict requirements of a criminal indictment. In this case, Applicant’s failure to secure sensitive documents and his failure to report the incident were sufficiently alleged in the SOR so as to place him on notice. Adverse decision affirmed. CASE NO: 11-05079.a1


Foreign Influence

06/06/2012

Applicant mitigated the potential security concerns raised by his in-laws residing in Belarus and Russia by demonstrating (1) that Applicant has been a U.S. citizen since birth; (2) that his parents and siblings are themselves U.S. citizens by birth; (3) that his wife has been an LPR of the U.S for 12 years; (4) that Applicant's children are U.S. citizens by birth, and have no foreign citizenship; (5) that Applicant's financial assets, valued at over $1 million, are located in the U.S.; (6) that neither Applicant nor his wife own property in Russia or Belarus; (7) that Applicant has previously held a DoD security clearance or other trustworthiness-based access since 1983 without incident or concern; and (8) that Applicant's direct contact with his foreign in-laws is either non-existent or infrequent. Clearance granted.


Financial

06/6/2012

Applicant is addressing all of his past due debt through the auspices of a Debt Consolidation Service. Clearance is granted. CASE NO: 11-04082.h1


Guideline E

06/06/2012

Clearance Decision Statement by other government agency demonstrated that Applicant had used countermeasures to influence the outcome of a polygraph exam. Such contact constitutes a security concern under Guideline E. Favorable decision reversed. CASE NO: 11-03452.a1


Financial, Personal Conduct

06/06/2012

Applicant worked for a defense contractor from 2006 to 2009. During that time he used his corporate credit card for personal expenses. Although he normally paid the credit card balance in full each month, he was unable to do so once in 2007, 2008, and 2009. In November 2009 his employer terminated him for misusing the credit card. Beginning in 2006 he began accumulating debt after he and wife separated. In January 2009 they filed a Chapter 13 bankruptcy petition. He has consistently made payments on the repayment plan since March 2009. Applicant mitigated the security concerns raised under the financial considerations and personal conduct guidelines. Clearance is granted.


Criminal Conduct; Personal Conduct

06/04/2012

Applicant has mitigated the Criminal Conduct security concerns that arose out of his criminal conduct during the period of 1990 through 2007. He has not committed any criminal offenses since 2007. He also mitigated the Personal Conduct concern that arose out of his incorrect answers on his Electronic Questionnaires for Investigations Processing (e-QIP), his criminal conduct, and his discharge from the Army. Eligibility for access to classified information is granted. CASE NO: 11-00088.h1


Guideline F

06/04/2012

Applicant’s argument for a different interpretation of the evidence was not sufficient to demonstrate that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 10-01673.a1


Guideline F

06/04/2012

Applicant failed to overcome security concerns arising from her six bankruptcy filings. Adverse decision affirmed. CASE NO: 10-01517.a1


Guideline C; Guideline B

06/01/2012

Applicant has multiple immediate family members who live in or are citizens of Iran. Applicant applied for, received and used an Iranian passport in order to adopt a child from Iran. Favorable decision reversed.


Financial, Personal Conduct

06/01/2012

Applicant had many of his debts removed from his credit report based on identity theft. However, he still has over $75,000 in debt that he has not resolved or paid. He has no credible plan to pay the debt. His plan is to hope for better pay with a promotion and his wife’s future employment. He did not include all of his financial issues on his security clearance application, with intent to deceive concerning the status of his finances. He did not mitigate security concerns for financial considerations and personal conduct. Access to classified information is denied. CASE NO: 11-01393.h1


Guideline F

06/01/2012

The cases cited by Applicant do not demonstrate error by the Judge. Adverse decision affirmed.


Drugs

06/01/2012

Applicant mitigated the security concern that was generated by her history of illegal drug use. Clearance is granted. CASE NO: 10-07662.h1


Financial; Personal Conduct

06/01/2012

Applicant failed to mitigate the financial considerations and personal conduct security concerns generated by his history of financial delinquencies and his failure to disclose required information about his finances on his security clearance application. Clearance is denied. CASE NO: 10-02593.h1


Financial

05/31/2012

The Statement of Reasons alleged that Applicant owed $14,297 of delinquent debts. Applicant resolved and reduced that amount to $7,872. She is slowly resolving $7,116 of that amount and has yet to address two debts that total $756. Applicant mitigated the security concerns raised under the financial considerations guideline. Clearance is granted.


Financial

05/31/2012

Forty-seven-year-old Applicant failed to mitigate the security concerns regarding financial considerations. The 1996 Chapter 7 bankruptcy discharge of his debts, followed by more and continuing financial difficulties, and his apparent lengthy period of inaction in addressing those continuing debts leaves substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 11-09590.h1


Sexual Behavior; Personal Conduct

05/31/2012

In 2005-2006, Applicant admitted to viewing nude pictures of children, girls under 18, and adult pornography, and to violating his employer’s policy restricting the use of the Internet during work hours. He continued to view nude pictures of children, girls under 18, and adult pornography, and to violate his employer’s policy until 2011. His sexual behavior and personal conduct continue to cast doubt on his judgment and on his ability to comply with the law and regulations. Clearance is denied. CASE NO: 11-07390.h1


Financial

05/31/2012

Applicant failed to mitigate the security concerns raised by his gambling-induced chapter 7 bankruptcy discharge in January 2010, where he continues to gamble and has not resolved his federal income tax delinquency or his newly-delinquent education loans. Clearance denied.


Financial Considerations

05/31/2012

Applicant had seven charged-off or collection accounts, which totaled approximately $48,000. He has paid two, asserts a third has been paid, and is making payment on four remaining accounts. Applicant has rebutted or mitigated the financial considerations security. Clearance is granted. CASE NO: 11-06373.h1


Personal Conduct

05/31/2012

Applicant falsified his time cards with different employers and falsified his security clearance applications on repeated occasions when asked questions about his father's living status. He never disclosed the correct information in ensuing OPM interviews and provided corrected information only when confronted with a polygraph examination. Applicant attributed his misstatements to embarrassment and concerns about jeopardizing his security clearance application. Following remand and reconsideration, Applicant's explanations are insufficient to mitigate personal conduct concerns following remand. Clearance is denied. CASE NO: 11-05217h.1


Financial Considerations

05/31/2012

Applicant had 23 charged-off, placed-for-collection, or delinquent accounts, which totaled approximately $61,000. Applicant failed to rebut or mitigate the financial considerations trustworthiness concerns. Based upon a review of the case file, pleadings, and exhibits, eligibility for access to sensitive information and eligibility for a public trust position is denied. CASE NO: 11-04343.h1


Financial

05/31/2012

Sixty-year-old Applicant failed to mitigate the security concerns regarding financial considerations. Although he had sufficient funds to continue making his monthly home mortgage payments, Applicant made a “strategic” decision to stop paying them 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 three mortgages to fall into arrears and become delinquent. They are now in foreclosure. His actions leave substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 11-03623.h1


Foreign Influence

05/31/2012

In 1986, Applicant was born in Cuba. He immigrated to the United States in 1998, when he was 11 years old. He became a U.S. citizen in 2000. His parents and siblings live in the United States. Some of his distant relatives live in Cuba; however, his contact with them is casual and infrequent. His connections to the United States are much more significant than his connections to Cuba. Foreign influence concerns are mitigated. Access to classified information is granted. CASE NO: 11-03309.h1


Personal Conduct

05/31/2012

Applicant's falsification of clearance applications in September 2003 and February 2007 suggests that he lacks the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.


Financial Considerations

05/31/2012

Applicant accrued six delinquent debts associated with his businesses and home loan when real estate conditions in his home state deteriorated in the 2006-2009 time period. Applicant has since paid off one of the debts and established a repayment plan to pay off four of the remaining debts. He is well regarded by his fellow Marines who served with him and shows good promise in completing his repayment plan. Security concerns associated with Applicant's accumulated delinquencies are mitigated. Clearance is granted. CASE NO: 11-03249.h1


Foreign Influence; Personal Conduct

05/31/2012

Applicant is a thirty-eight-year-old Sudanese-born, naturalized U.S. citizen. Her immediate family resides in the United States. Several extended family members still reside in Sudan. Considering the nature of the Sudanese government and its position with respect to human rights, Applicant’s extended family members could be a means through which Applicant could come to the attention of the regime. Applicant risked her life on two occasions, serving in Iraq as a linguist. In December 2008, upon quitting her job, she signed an employee release stating she had returned all employer property, but she retained some proprietary documents and information. She was subsequently sued by her former employer, seeking monetary and injunctive relief, and the matter was settled. Except for the one incident of aberrant behavior, she has had no other such actions, and there is little doubt cast on her reliability, trustworthiness, or good judgment. Eligibility for a security clearance and access to classified information is granted. CASE NO: 11-02344.h1


Financial; Criminal Conduct; Personal Conduct

05/31/2012

Applicant is a 46-year-old employee of a defense contractor. He did not register with the Selective Service System, as was required by the Military Selective Service Act, 50 U.S.C. App. § 453. Criminal conduct and personal conduct security concerns raised by that failure to register are mitigated by the passage of time. However, Applicant did not provide sufficient evidence to mitigate the security concerns raised by his financial problems. Clearance is denied. CASE NO: 11-02075.h1


Financial

05/31/2012

Applicant’s SOR alleges three real estate-related debts. From 2006 to 2009, he was unemployed for about 20 months, and from 2008 to 2009, his spouse was unemployed for about eight months. What the SOR does not include are the numerous other debts Applicant paid or resolved and the documented good-faith efforts he made to resolve his three SOR debts. His efforts include moving his family out of their home to a two bedroom condominium to reduce living expenses. Applicant has mitigated security concerns alleged. Access to classified information is granted. CASE NO: 11-01305.h1


Criminal Conduct; Personal Conduct

05/31/2012

Applicant has a five-year history of traffic-related and alcohol-related arrests and convictions. He has avoided any recurrent arrests since 2008 and has shown marked rehabilitation and maturity. He mitigates criminal conduct concerns. Applicant listed his two most serious arrests in his security applications and omitted only those traffic-related arrests lacking evidence in the amounts of the imposed fines. He mitigates allegations of omission in the SF-86 and E-QIP he completed. Clearance is granted. CASE NO: 11-01099.h1


Financial

05/31/2012

As a result of a failed real estate investment and stock market losses, Applicant accumulated numerous delinquent debts. He took virtually no steps to resolve them until he learned that his security clearance was in jeopardy. He recently filed a petition for Chapter 13 bankruptcy but has not yet established a track record of compliance with the payment plan. Clearance is denied. CASE NO: 11-01067.h1


Financial; Criminal Conduct

05/31/2012

Applicant failed to mitigate the financial considerations and criminal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 11-00232.h1


Financial, Personal Conduct

05/31/2012

Applicant’s home mortgage of about $340,000 has been delinquent for at least three years, resulting in a past-due amount of about $129,000. Although Applicant or his family or both have continued to live in their residence, they have not made any payments to the mortgage lender for at least three years. In addition, Applicant has a charged-off credit card debt in the amount of $2,979, which has been delinquent since 2007. In 2010, he intentionally understated his culpability in some criminal offenses to an investigator from the Office of Personnel Management (OPM). Personal conduct and financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-10786.h1


Drug Involvement; Personal Conduct

05/31/2012

Applicant possessed and used marijuana in late 2007 or early 2008, while holding a security clearance, and then he falsely denied this conduct on his December 9, 2009 Electronic Questionnaires for Investigations Processing (e-QIP) or security clearance application (SF-86). On May 21, 2010, upon return from deployment, he disclosed this conduct to an Office of Personnel Management (OPM) investigator. Drug involvement concerns are mitigated by the passage of time, and personal conduct concerns are mitigated because Applicant made prompt, good-faith efforts to correct the falsification before being confronted with the facts and under the whole-person concept. Eligibility for access to classified information is granted. CASE NO: 10-09937.h1


Financial; Personal Conduct; Alcohol

05/31/2012

Applicant provided sufficient evidence to mitigate security concerns raised under the personal conduct concern, but did not meet his burden to mitigate security concerns related to his finances and his history of alcohol dependence. Clearance is denied. CASE NO: 10-09232.h1


Personal Conduct

05/31/2012

Applicant charged more than $10,000 of unauthorized expenses to his Government credit card between 2006 and 2008, then lied about it during an interview with a Government investigator in 2010. Clearance is denied. CASE NO:10-07355.h1


Financial

05/31/2012

Applicant has not mitigated the security significance of her past-due indebtedness. Clearance is denied. CASE NO: 10-03668.h1


Alcohol; Drugs

05/31/2012

Applicant was arrested for five alcohol-related incidents between 1995 and 2010, and tested positive for cocaine use in 2005. He was diagnosed as alcohol or drug dependent, or both, in connection with three different treatment programs and a 2011 assessment, and continues to drink alcohol. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-07567.h1


Foreign Influence

05/30/2012

Applicant was born in Pakistan in 1958. He served more than 20 years in the Pakistani military and retired as a field-grade officer. He continues to receive a Pakistani Army pension; he owns a house in Pakistan; and he has a bank account in Pakistan. In 2003, he immigrated to the United States. In 2009, he became a U.S. citizen. Although his mother is scheduled to return to the United States from Pakistan in the near future, she continues to be at risk until she departs Pakistan. His honorable service as a linguist in Afghanistan is not sufficient to fully mitigate foreign influence concerns. Access to classified information is denied. CASE NO: 11-06825.h1


Financial

05/30/2012

Applicant’s mortgage had an unpaid balance of $65,607 on a loan of $570,000. After working with his mortgagor, he recently sold the property for $425,000 via a short sale. He is prepared to pay any taxes arising from the sale. Applicant mitigated the security concerns raised under the financial considerations guideline. Clearance is granted.


Financial

05/30/2012

Applicant is a 40-year-old employee of a defense contractor. She failed to mitigate the security concerns arising from her delinquent debts. Clearance is denied. Case No. 11-02543.h1


Financial

05/30/2012

Applicant incurred numerous delinquent mortgage and credit card debts since 2009. He repaid one small debt in 2010, and another in 2012 from the settlement proceeds of a personal-injury claim. More than $58,000 in delinquent debt remains outstanding, without demonstrated capability to meaningfully address it. He failed to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 10-04633.h1


Criminal Conduct; Personal Conduct

05/30/2012

Applicant has mitigated the Criminal Conduct security concerns that arose out of his criminal conduct during the period of 1998 through 2007. He has not consumed alcohol or committed any criminal offenses since 2007. However, he failed to mitigate the Personal Conduct concern that arose out of his false answers on his Electronic Questionnaires for Investigations Processing (e-QIP) or in his adopted summary of his interview with an investigator for the Department of Defense. Eligibility for access to classified information is denied. CASE NO: 10-02716.h1


Foreign Influence

05/30/2012

Applicant was born and raised in Pakistan. He obtained permanent U.S. residence through an immigration amnesty program in the late-eighties and became a citizen in 2005. He has no assets or close family members in this country. His mother and sister, who teaches at a Pakistani military college, live in Pakistan. He failed to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 10-02673.h1


Foreign Influence

05/29/2012

Applicant is 52 years old and employed as a Senior Engineer by a defense contractor. His foreign family members include a sister and brother-in-law in Korea with whom he has no continuous contact and with whom he intends to have no further contact. The most recent physical contact was in 2003, his most recent telephonic contact was in 2006 or 2007. This situation has been mitigated by sufficient evidence. Clearance is granted CASE NO: 11-06640.h1


Financial

05/29/2012

Applicant has had a history of overdue debts which were incurred after she became unemployed. Applicant has now resolved eight of her debts, with a clear plan to resolve the rest. Mitigation has been shown. Clearance is granted.


Financial

05/29/2012

Applicant has had a history of overdue debts due to unemployment, most of which have been resolved. Mitigation has been shown. Clearance is granted.


Financial

05/29/2012

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


Criminal Conduct; Financial

05/29/2012

Applicant had three criminal charges in his past. The charges in 1986 and 1993 happened so long ago, and each on only one occasion, that it is unlikely that they will happen again. Applicant denied that he engaged in the conduct for his arrest in 2010, and based on the court's dismissal of the complaint and finding of not guilty, I find that the underlying criminal conduct did not occur. Applicant had financial problems in the past as a result of unemployment, for which he filed a bankruptcy in 1997. He had recent difficulties, falling behind on his mortgage, but he has been making regular consistent payments to the bank for the last six months as per his agreement with the bank, and he has been paying off his credit cards as well. Mitigation has been shown. Clearance is granted.


Foreign Influence

5/29/2012

Applicant was born in Afghanistan and moved to the United States in 2001. She became a United States United States citizen in 2006. Her two daughters and two grandsons are United States citizens and residents. She purchased a home in the Unites States and owns no property in Afghanistan. Mitigation has been shown. Clearance is granted


Criminal Conduct; Sexual Behavior; Personal Conduct

05/29/2012

Applicant was convicted in March 1990 of felony unlawful contact involving an underage niece. In October 2004, he pled guilty to assault for sexual acts committed against another niece in January 2004. In March 2007, he was fined for failure to register as a sex offender. He did not report his felony charges or his violation of the sex offender registry on his July 2010 security clearance application. The Criminal Conduct, Sexual Behavior, and Personal Conduct concerns are not fully mitigated. Clearance denied. CASE NO: 11-00211.h1


Alcohol

05/29/2012

Applicant is 50 years old and employed as a Radar Technician by a defense contractor. His thirty year history of alcohol abuse that includes two arrest for DUI, an alcohol treatment program in 2010, a diagnosis of alcohol dependence, and continued drinking, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 10-06758.h1


Guideline F

05/25/2012

The effect an adverse decision may have on an applicant is not a material consideration in evaluating his or her security eligibility. Adverse decision affirmed.


Guideline B

05/25/2012

Department Counsel persuasively demonstrates that the Administrative Judge’s conduct could convince a reasonable person that he had a predisposition in favor of Applicant. Favorable decision remanded.


Foreign Influence

05/23/2012

Applicant, a naturalized citizen of the United States originally from Egypt, maintains close relationships with family members in Egypt and in-laws in Taiwan. However, the record establishes that in the more than 20 years Applicant has lived in the United States, he has cultivated a network of family and friends and accumulated significant U.S.-based assets that firmly root him to the United States, thereby mitigating the foreign influence concerns raised in this case. Clearance is granted. CASE NO: 11-06465.h1


Foreign Influence

05/23/2012

Applicant, a naturalized U.S. citizen from Ukraine, maintains close relationships to family members who are citizens and residents of Ukraine and Russia. Applicant’s wife, child, and assets are in the United States. He has no foreign property interests. Furthermore, his foreign family members are not dependent on or involved with the governments of their respective countries. Clearance is granted. CASE NO: 11-01383.h1


Financial

05/23/2012

After a family tragedy prevented him from working between February 2008 and March 2010, Applicant accumulated over $18,000 in delinquent debt and failed to file his federal and state tax returns for a number of years. Since returning to full-time employment in March 2010, he has rehabilitated his finances by resolving his delinquent debts and filling his outstanding tax returns. Clearance is granted. CASE NO. 11-01036.h1


Drugs; Personal Conduct; Financial

05/23/2012

Applicant experienced financial problems resulting in bankruptcy in 2000 and 2010, but his current finances and ability to manage his money are satisfactory. Applicant also no longer uses marijuana or associates with drug users. He is not likely to become involved in illegal drugs in the future. He also did not deliberately omit relevant information from his 2002 and 2010 security clearance applications. After his driver's license was revoked five times in three years, he has taken sufficient action to ensure his driving privileges will remain in good standing. Applicant mitigated the security concerns raised by his financial problems, drug involvement and personal conduct. His request for a security clearance is granted. CASE NO: 10-10406.h1


Foreign Influence

05/23/2012

Applicant, a 1995 naturalized U.S. citizen, has minimal connections to the United States other than his job, a $30,000 retirement plan, and $30,000 in savings accounts. Although he has been working for U.S. government contractors since 1995 in support of deployed U.S. personnel, whenever he is on leave, in between jobs, or laid off from his job, he returns to Hungary to live with his parents, his long-time girlfriend, and their 13-year-old daughter. He has substantial emotional, property, and financial interest in Hungary compared to those in the United States. His substantial interests in Hungary could subject him to a risk of foreign influence or exploitation. Foreign influence concerns are not mitigated. Access to classified information is denied. CASE NO: 10-06774.h1


Financial Considerations

05/22/2012

Applicant had three collection accounts which totaled approximately $55,000. She has paid one account, is making payments on another, and is waiting a payoff amount on the third so it can be paid. Applicant has rebutted or mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 11-06400.h1


Drugs; Personal Conduct

05/22/2012

Applicant mitigated the security significance of his past drug use. Clearance is granted. CASE NO: 11-04818.h1


Financial; Personal Conduct

05/22/2012

Applicant is a 51-year-old employee of a defense contractor. She mitigated the security concerns arising from alleged falsifications, but failed to mitigate the security concerns arising from her prior bankruptcy and recent delinquent debts. Clearance is denied. Case No. 11-02414.h1


Sexual Conduct

05/22/2012

Applicant downloaded to his computer various peer-to-peer file sharing applications, nude images, and pornographic videos of what he believed to be prepubescent girls in provocative poses. The activity occurred during a period of self-discovery and natural curiosity – his adolescence – commencing in about 2001, when he was 16 years of age and in high school, and continued until he graduated from high school in 2003, when he was 18 years of age. He continued to regularly view the downloaded images throughout the remainder of his high school years as well as a few times during his freshman year of college, or when he was about 19 or 20 years of age. He failed to delete or destroy those images until 2009. Applicant is now 27-years-old, and he has sexually and emotionally matured, and is in a current committed relationship with his girlfriend. The sexual behavior is unlikely to recur. Applicant’s supervisors, his girlfriend, and their friends, as well as the Government are aware of his sexual behavior from his past. Eligibility for a security clearance and access to classified information is granted. CASE NO: 11-01756.h1


Foreign Influence, Foreign Preference

05/22/2012

Applicant was born in Iran. His brother and parents have Iranian citizenship. His parents have lived in the United States for four years, and are legal permanent residents. His brother has applied for permanent residency. Three other brothers have citizenship of Iran and other countries—Oman, South Africa, and the United States. Applicant has no remaining immediate family members in Iran. He has no intent to return to Iran, and surrendered his Iranian passport to his FSO. Applicant has been in the United States for more than 23 years. He earned advanced degrees at U.S. universities. He owns a home in the United States and his property and investments total more than $800,000. Applicant's strong ties to the United States outweigh the family ties he had in Iran. Clearance is granted. CASE NO: 11-00447.h1


Criminal Conduct, Alcohol, Drugs, Personal Conduct, and Financial

05/22/2012

Applicant’s lengthy history of substance abuse has led to poor decisions that have resulted in numerous arrests dating back to the 1990s. He continued to exhibit poor judgment when he deliberately failed to reveal the full extent of his extensive marijuana use on his current security clearance application. His poor judgment extends to his finances. Applicant failed to establish that the security concerns at issue are unlikely to recur. His past history of substance abuse, criminal conduct, dishonesty, and financial problems, continues to cast doubt on his current reliability, trustworthiness, and good judgment. Clearance is denied. CASE NO: 10-04985.h1


Personal Conduct; Drugs

05/21/2012

Applicant was young and immature when he experimented with illegal drugs and manufactured fake driver’s licenses. Since 2010, he has demonstrated a sincere desire to remain abstinent and become a mature adult. His candid and forthcoming responses during the security clearance process, his disassociation from drug-using friends, and his seeking psychiatric treatment demonstrate his intent to not abuse drugs in the future. Clearance granted. CASE NO: 11-10505.h1


Guideline B; Guideline C

05/21/2012

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


Alcohol; Criminal Conduct

05/21/2012

Applicant had alcohol-related driving offenses in 1990, 2002, and 2008. He is presently serving five years of probation in connection with his latest offenses. He successfully completed a two-year outpatient treatment program for his alcohol dependence in July 2011. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 10-07734.h1


Guideline E; Guideline F

05/21/2012

A Judge is not required to make findings on every issue that might conceivably have arisen during the hearing. Adverse decision affirmed.


Guideline F; Guideline E

05/21/2012

Applicant has demonstrated that he submitted documentary evidence which was not made part of the record. Adverse decision remanded.


Financial; Personal Conduct

05/21/2012

Applicant failed to file federal and state taxes for a 15-year period. As a result, tax liens were filed against him. He began to address the issue after he completed a 2008 security clearance application. He has made payments to the IRS and the state franchise board and has reduced his tax liability. He still owes a significant amount. Applicant has a pattern of poor judgment and reliability. In 2001, he used methamphetamine and was arrested. He was also arrested in 2006 for furnishing alcohol to a minor. Applicant deliberately falsified his 2008 security clearance application by not disclosing his charge in 2001 for a drug offense. He has not mitigated the security concerns in this case. Clearance is denied. CASE NO: 09-02279.h1


Financial Considerations

05/18/2012

In September 2010, Applicant provided false and misleading information by stating he had used marijuana two times in 1985 when in fact he had used it 10 times. Applicant has rebutted or mitigated the security concerns under Guideline E, Personal Conduct. Clearance is granted. CASE NO: 11-00003.h1


Handling Protected Information; Personal Conduct

05/17/2012

Applicant was negligent or lax in his duties as the facility security officer (FSO) of a small company that provides alarm monitoring services to defense contractors. In 2010 the Defense Security Service (DSS) issued a culpability report citing Applicant for disregarding security requirements and attempting to mislead the DSS during a formal inquiry. The major deficiency was corrected by obtaining security clearances for all employees who monitor alarms, and the alarm company has been in compliance with security requirements since November 2010. The evidence is not sufficient to establish that Applicant made deliberately false or misleading statements during the inquiry. Clearance is granted. CASE NO: 11-06831.h1


Alcohol; Drugs; Personal Conduct; Criminal Conduct

05/17/2012

Applicant had alcohol-related driving offenses in 1987 and 1990. He successfully completed court-ordered alcohol treatment in 1990. He tested positive for marijuana in May 2007, while holding a security clearance, after being injured in an accident at work. He successfully completed outpatient treatment for diagnosed alcohol and marijuana dependence in October 2007. He deliberately falsified his 2005 and 2008 security clearance applications, and 2009 security interview answers, concerning his drug- and alcohol-related criminal history. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05486.h1


Foreign Influence

05/16/2012

Applicant’s brother and parents are citizens and residents of Egypt. His parents are permanent legal residents of the United States. His brother has applied for a U.S. visa and is waiting for the processing of that request to be completed. Once the visa is issued, they will all come to the United States. Applicant has rebutted or mitigated the security concerns under Guideline B, foreign influence. Clearance is granted. CASE NO: 10-04803.h1


Financial; Personal Conduct

05/15/2012

Applicant did not file his federal or state income tax returns for tax years 2004 through 2010. He has not resolved an $8,784 federal tax lien filed in September 2006, and he owes $7,944 in delinquent consumer debt. Applicant was also not forthcoming on his security clearance application about his involuntary termination from a previous employment in December 2005. The Personal Conduct concerns are mitigated by his prompt disclosure to an investigator, but the Financial Considerations security concerns persist. Clearance denied. CASE NO: 11-04032.h1


Financial; Drugs

05/15/2012

Applicant did not mitigate security concerns related to his finances and his illegal use of marijuana while holding a security clearance. Clearance is denied. CASE NO: 11-01818.h1


Personal Conduct

05/15/2012

Applicant’s insubordinate and disrespectful response to an investigation of a potential security violation, initiated by his own false statements, lead to his termination from his previous employment. With no security violation being committed, Applicant’s behavior was appropriately handled as a personnel issue. The personal conduct concerns raised by the incident have been mitigated. Clearance is granted. CASE NO: 11-01585.h1


Guideline F

05/14/2012

The Board cannot consider new evidence on appeal. The Judge’s decision is sustainable based on the evidence in the record. Adverse decision affirmed. CASE NO: 11-02253.a1


Financial

05/14/2012

Applicant has addressed all of his older past due debts through the protection of a Chapter 7 Bankruptcy, by which those debts have been discharged. He his paying child support for a paternity he still disputes, and he has filed both his Federal and State Income Tax Returns. He is making scheduled payments to both taxing authorities. Clearance is granted. CASE NO: 11-01689.h1


Guideline F; Guideline E

05/14/2012

The Judge concluded that Applicant had mitigated the Guideline F security concerns. However, he arrived at a different conclusion regarding Guideline E. He cited to evidence that Applicant had stolen money from his employer over the course of a year and that he had admitted his misconduct only when he was caught. The Judge’s conclusion that this conduct was not mitigated is supportable on this record. Adverse decision affirmed. CASE NO: 10-08705.a1


Criminal Conduct; Personal Conduct; Financial

05/11/2012

Forty-six-year-old Applicant has a lengthy history of illegal substance abuse and prescription drug abuse; a criminal history that is both varied and frequent, with four overall convictions during a five-year period; and a number of delinquent debts, totaling approximately $16,696. His substance abuse ceased in 2003, and his criminal conduct ceased in 2008. When afforded the opportunity to describe his criminal conduct and substance abuse history to hospital personnel, an OPM investigator, and on two security clearance applications, he was less than candid or truthful. He failed to make meaningful efforts towards resolving his delinquent debts. Applicant has mitigated the security concerns arising from his criminal conduct, but failed to mitigate the security concerns arising from his personal conduct and financial considerations. Eligibility for a security clearance and access to classified information is denied. CASE NO: 10-10741.h1


Information Technology; Sexual Behavior; Alcohol Consumption; Personal Conduct

05/11/2012

Applicant did not mitigate the protected information, sexual behavior, alcohol consumption, and personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 10-07845.h1


Foreign Influence:

05/11/2012

Applicant is 47 years old. She is a naturalized U.S. citizen from the People’s Republic of China. She and her husband have close relatives who are citizens and residents of the People’s Republic of China. Applicant and her husband maintain close contact with these relatives. She failed to mitigate the security concerns raised under Guideline B, Foreign Influence. Clearance is denied. CASE NO: 10-04452.h1


Financial

05/09/2012

Applicant is 44 years old. He owes more than $40,000 in delinquent debts. He is paying a judgment through garnishment. He has taken minimal initiative to resolve his financial problems. Applicant failed to mitigate the Financial Considerations security concerns under Guideline F. Clearance is denied. CASE NO: 10-10677.h1


Psychological Conditions

05/09/2012

Applicant is a 34-year-old employee of a federal contractor. The evidence shows Applicant has a longstanding history of mental-health issues, including hospitalizations, self-mutilation, and suicide attempts. Since September 2011, she has been under the care of a board-certified psychiatrist, who has diagnosed her with anorexia nervosa, bulimia nervosa, and depressive disorder, but no other psychiatric disorders. The psychiatrist disagrees with past diagnoses of bipolar disorder and borderline personality disorder. The psychiatrist rates her prognosis as excellent. Although Applicant is making progress, her track record of ongoing and consistent compliance with her psychiatrist's treatment plan is less than 12 months in duration. This relatively brief period of stability is not enough to mitigate and overcome the security concerns stemming from her history of mental-health issues. Clearance is denied. CASE NO: 10-02219.h1


Financial

05/08/2012

Applicant is 49 years old and employed by a defense contractor. His excessive indebtedness caused by a divorce and its related expenses and a bout of depression, has been mitigated by a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 11-09469.h1


Financial

05/08/2012

Applicant did not file his 2008 Federal and state tax returns until February 2012. He owed no taxes. He is 26 years old. All other returns were timely filed. Applicant mitigated the security concerns raised under the financial considerations guideline. Clearance is granted.


Personal Conduct

05/08/2012

Applicant lied to criminal investigators about giving a government-owned generator to a foreign national and accepting money for it. Access to classified information is denied. CASE NO: 10-03759.h1


Criminal Conduct; Personal Conduct

05/07/2012

Applicant mitigated the security concerns raised by his probation before judgment on second degree assault charges, where he satisfactorily completed the conditions of his probation, the charges had been dismissed, and there was no recurrence of criminal conduct. Applicant did not falsify his 2010 clearance application where he reasonably thought the reportable information was outside the seven-year scope of the question, and had fully reported the information on a 2004 clearance application shortly after the incident occurred. Clearance granted.


Financial

05/07/2012

Applicant has not filed state tax returns from 2005 through 2010. She fraudulently filed federal tax returns from 2007 through 2009 by not reporting her husband's retirement fund withdrawals on the returns. Though she hired a tax service to assist her in marshaling the appropriate information to resolve her federal and state tax problems, she produced no evidence that establishes she filed the missing state tax returns for tax years 2005 through 2010. While she has made six payments under the federal repayment plan, she has furnished no documentation of additional monthly payments after August 2011. Eligibility for access to classified information is denied.


Financial

05/07/2012

Applicant is a 35-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. Case No. 10-08478.h1


Drugs; Personal Conduct

05/05/2012

Applicant is a life-long illegal marijuana user. He used marijuana after he submitted his May 2011 SCA, and after he was questioned by a government investigator about his illegal marijuana use in June 2011. He continues to associate with his illegal drug-using friends and relatives. He presented no documentary evidence of a recent diagnosis or prognosis related to his illegal drug use. His recent behavior casts serious doubt on his reliability, judgment, and ability to comply with the law. Clearance is denied. CASE NO: 11-10154.h1


Financial; Personal Conduct

05/05/2012

Applicant failed to establish financial responsibility. Moreover, he falsified his security clearance application when he failed to disclose his delinquent debts. Clearance is denied. CASE NO: 11-03286.h1


Financial

05/05/2012

Applicant failed to mitigate the Financial Considerations concern. He owes more than $22,000 on eight separate, delinquent accounts, which date back to 2008. Although his financial situation is partially attributable to being unemployed for 10 months, he has been with his current employer since May 2009. He failed to submit proof that he has addressed his delinquent debts and that his financial situation is under control. Clearance is denied. CASE NO: 10-07301.h1


05/04/2012

The Judge’s decision states that Applicant’s response to the SOR contain admissions but no explanations. The presumption that the Judge considered all the evidence is rebutted with regard to Applicant’s explanations included in the SOR response. Adverse decision remanded.


Guideline F

05/04/2012

Applicant does not allege any harmful error by the Judge. Adverse decision affirmed.


Financial; Personal conduct

05/03/2012

In July 2006, Applicant opened two mortgages to purchase a home for about a million dollars. He regularly paid the mortgage for more than two years. During his overseas deployment in August 2008, his wife informed him the home had lost 60 per cent of its value. In response to his wife's request for a loan modification, the lender indicated no assistance could be provided until their mortgages were 90 days delinquent. In November 2008, Applicant and his wife stopped paying the mortgage, believing that a loan modification could be negotiated. After repeated efforts to reach a modification, Applicant suddenly received a foreclosure notice at the end of May 2009, requiring him to either pay the delinquent mortgage or vacate the premises by June 11, 2009. Applicant's decision to proceed with the foreclosure occurred under unusual circumstances that will not be repeated. Eligibility for access to classified information is granted.


Financial

05/03/2012

Applicant mitigated the security concerns raised by his $35,000 delinquent debt, by demonstrating that he had entered into a debt management plan before the SOR was issued, had made 29 of the 45 required payments, and had settled one of the SOR debts as well as one debt not alleged in the SOR. Clearance granted.


Financial

05/03/2012

Applicant constructed a large new house with a substantial mortgage to resolve a family problem. He was unable to sell his original house because of its condition. He took out home equity loans on both houses to invest in a business. The business does not make a profit but is only, at best, breaking even. His new house has been foreclosed and he has no liability for the original mortgage. However, he still has responsibility for the large home equity loan. He is trying to sell his original house, but it must be cleaned and repaired before it can go on the market. He has responsibility for the mortgage and home equity loan. He has large credit card debt used for his houses and his business that have not been resolved. He has not mitigated security concerns based on the management of his finances. Access to classified information is denied. CASE NO: 11-00790.h1


Financial

05/03/2012

Applicant, who is 50 years old, is seeking employment with a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from a federal tax lien. Clearance is granted. Case No. 10-04061.h1


Financial

05/03/2012

Applicant mitigated the security concerns raised by his delinquent $55,000 second lien on his first home where his lawyer was negotiating a settlement with a substantial likelihood that the figure would be less than the full amount, where Applicant had enough positive monthly cash flow to meet any agreed figure, and where his credit reports were otherwise favorable. Clearance granted.


Financial

05/02/2012

Applicant is responsible for a number of unsatisfied debts, some which are several years old. His budget suggests that he has a net monthly remainder of approximately $694 that he could use to satisfy his delinquent debts. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 11-02594.h1


Financial

05/02/2012

Applicant experienced extreme financial difficulties when he was forced to upgrade the equipment to run his business to remain competitive in securing government contractors. He refinanced some of his real estate investments to obtain money for his business. Due to the economic downturn, he had limited resources. He has paid or is resolving some of his debts, and the remainder are included in his Chapter 11 bankruptcy. Applicant mitigated the security concerns under Guideline F. Clearance is granted. CASE NO: 10-00672.h1


Guideline F

05/01/2012

Conduct not alleged in a SOR may be considered for several reasons, including evaluating an applicant’s case for mitigation. The Directive presumes a nexus between proven conduct under any of the Guidelines and an applicant’s security eligibility. Adverse decision affirmed. CASE NO: 11-05365.a1


Guideline F; Guideline E

05/01/2012

Applicant did not rebut the presumption that the Judge was unbiased. Neither did he rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 10-04136.a1


Guideline F; Guideline E; Guideline M

05/01/2012

Conduct not alleged in a SOR may be considered for several reasons, including a credibility determination. Applicant was not denied the due process afforded him by the Directive. Adverse decision affirmed. CASE NO: 07-16653.a1


Personal Conduct

04/30/2012

Applicant failed to disclose his citation for marijuana possession until over two years after it occurred and his probation had expired. Under these circumstances, I conclude that Applicant has failed to mitigate the security concerns. Clearance is denied. CASE NO: 11-09025.h1


Financial

04/30/2012

Applicant is responsible for two unresolved judgments totaling over $27,000. Additionally, he failed to provide documentation to establish that he was not delinquent on his home mortgage payments. Applicant has held part-time employment since August 2010, and he lacks sufficient funds to satisfy his delinquent debts. He failed to mitigate security concerns under the financial considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 11-00260.h1


Criminal Conduct; Personal Conduct; Financial

04/30/2012

Applicant is on probation following his felony conviction for stealing two network cards from his then employer in January 2009. Applicant owed $25,026.75 of his $38,697.75 in court-ordered restitution as of June 2011. He was also behind $17,000 in his mortgage payments and $2,561 on other consumer credit accounts as of October 2011. The criminal conduct, personal conduct, and financial considerations security concerns are not mitigated. Clearance denied. CASE NO: 10-10966.h1


Financial

04/30/2012

Applicant owes nine creditors approximately $65,000 in delinquent debt. Applicant has resolved five of the accounts and is currently participating in payment plans for two of the accounts. He has made a good-faith effort to reduce his indebtedness. As such, he has mitigated the security concerns raised by his recent financial problems. Clearance is granted. CASE NO. 10-10469.h1


Financial

04/30/2012

Applicant is indebted to one creditor for $39,000. Although Applicant’s financial problems were caused by an event beyond her control, she has not taken any steps to resolve or reduce her delinquent debt. Clearance is denied. CASE NO. 10-06143.h1


Alcohol

04/30/2012

Between 2006 and 2009, Applicant abused alcohol and was convicted twice for driving under the influence within a two-year period. In 2009, she was diagnosed with alcohol abuse. Notwithstanding, she presented substantial evidence in mitigation. She has been abstinent since October 2009, complied with all court orders, successfully attended alcohol counseling and therapy, and continues to attend an alcohol aftercare program. She has continued her relationship with her therapist, and became a certified SMART facilitator in her community. Applicant made significant lifestyle changes and the reasons that led to her drinking are no longer present in her life. Her questionable behavior does not cast doubt on her current reliability and judgment. Clearance is granted. CASE NO: 10-05332.h1


Foreign Influence, Foreign Preference

04/30/2012

Applicant is a dual citizen of Colombia and the United States. His wife, who was born in Venezuela, is a U.S. citizen. His children are native-born U.S. citizens. Applicant has only infrequent contact with his wife’s family in Venezuela. He has no intent to travel to Venezuela or Colombia in the future. Applicant is on the board of a nonprofit university in Colombia, operated by his family. He votes annually at the board meetings, and intends to do so only by proxy in the future. He held a Colombian passport, but has surrendered it to his facility security officer. Applicant has been in the United States 22 years, and has many family members who are U.S. citizens and residents, and has substantial financial ties as well. His longstanding ties to the United States outweigh his connections to Colombia. Clearance is granted. CASE NO: 10-01962.h1


Drugs; Alcohol; Financial; Personal Conduct

04/27/2012

Applicant has not mitigated the security significance of his past drug and alcohol use. He also has not mitigated his failure to file Federal and state tax returns, and pay a substantial past due debt. Finally, he falsified a government questionnaire. Clearance is denied. CASE NO: 11-03055.h1


Financial

04/26/2012

Applicant is a 62-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of, among other things, federal tax liens and more than $100,000 in back taxes owed to the IRS. His financial problems are largely unresolved and ongoing. Looking forward, it is too soon to predict if or when he will resolve his federal tax problems and other financial problems. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 11-10385.h1


Personal Conduct

04/26/2012

Applicant exhibited poor judgment in July 2008 when he tried unsuccessfully to distort the results of a polygraph examination. Given Applicant's age of 22 at the time he took the polygraph, the passage of three and one-half years since the incident, and Applicant's favorable credibility and impressive case in mitigation, I find for Applicant under the personal conduct guideline. Eligibility for access to classified information is granted.


Financial

04/26/2012

Applicant mitigated the Financial Considerations concern. His financial problems were due to an unexpected layoff and his former employer illegally withholding money that was due to Applicant as part of a severance package. Applicant has addressed his debts and established that he is resolving his financial situation. Clearance is granted. CASE NO: 11-05268.h1


Financial

04/26/2012

Applicant accumulated delinquencies following almost one year of unemployment. However, she contacted all the creditors in an effort to pay her debts, and succeeded in resolving eight debts. She has a substantial salary, a solid monthly remainder, and she responsibly accumulated a savings cushion to prevent similar financial problems in the future. Clearance is granted. CASE NO: 11-01584.h1


Financial

04/26/2012

A divorce and a period of unemployment contributed to Applicant’s financial problems. Upon finding full-time employment in December 2010, Applicant resolved two accounts and is making payments towards his three remaining delinquent accounts. Security concerns are mitigated because Applicant demonstrated that he made a good-faith effort to resolve his delinquent accounts once he became capable of making payments. Clearance is granted. CASE NO: 11-00773.h1


Guideline F

04/26/2012

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


Financial

04/26/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 10-10612.h1


Guideline E

04/26/2012

The Appeal Board’s authority is limited. Adverse decision affirmed.


Guideline E

04/26/2012

The Judge’s favorable decision is unsustainable because it relies on: 1. An unsustainable credibility determination and 2. Two inaccurate premises-- that the disqualifying conduct was infrequent and that Applicant had exhibited remorse. Cumulatively, the errors warrant reversal. Favorable decision revered.


Financial

4/25/2012

Applicant has had a history of overdue debts. He has not paid off his two most significant overdue debts, nor does it appear that he has made a responsible attempt to resolve the debts in question. Mitigation has not been shown. Clearance is denied.


Foreign Influence

04/25/2012

Fifty-eight year old Applicant came to the United States in 1978 and became a naturalized U.S. citizen in 1994. He and his wife and their three U.S. native-born children reside in the United States and are not vulnerable to direct coercion or exploitation by a foreign power. Three of his siblings are citizen-residents of Taiwan, and a fourth sibling resides in the U.S. His 89-year-old mother-in-law is a Taiwanese citizen-resident, who is currently in a vegetative state. Applicant’s parents are deceased. Applicant has held a security clearance since 1996. While Taiwan is an important U.S. ally, it is believed to be an active collector of U.S. economic intelligence and proprietary information. Nevertheless, the fear of a “heightened risk” because of the presence of the siblings and mother-in-law still residing in Taiwan is minimal. Applicant mitigated the security concerns regarding foreign influence. Eligibility for a security clearance or access to classified information is granted.


Financial, Personal Conduct

04/25/2012

Applicant’s statement of reasons (SOR) lists five delinquent debts totaling $28,383. Applicant made sufficient progress resolving his delinquent debts, and financial considerations concerns are mitigated. However, he intentionally failed to fully disclose his arrests on his May 20, 2010 Electronic Questionnaire for Investigations Processing (e-QIP) or security clearance application (SF-86), and personal conduct concerns are not mitigated. Access to classified information is denied. CASE NO: 10-09670.h1


Financial

04/25/2012

Applicant has had a history of overdue debts, due to periods of unemployment and underemployment. He has paid off the smaller debts himself and is using the services of a debt consolidation company to resolve the larger debts. His current finances are stable. Mitigation has been shown. Clearance is granted.


Alcohol; Criminal Conduct

04/25/2012

Applicant's alcohol abuse resulted in two DUI convictions, one in 2001 and one in 2009. A pattern of alcohol abuse was not established because of the span of eight years between alcohol related incidents. Based on Applicant's credible testimony that he would never again drive after consuming alcohol, plus his honorable military career and the strong recommendation he received, mitigation has been shown. Clearance is granted.


Foreign Influence

04/25/2012

Applicant was born in the Soviet Union, moved to the United States in 1997, and has been a United States citizen since 2005. His wife and younger son are Unites States residents and citizens. His older son is a United States resident, and plans to apply for U.S. citizenship, when he is eligible. Applicant owns a home in the United States, valued at $510,000, and he has no assets in any other country. Mitigation has been shown. Clearance is granted


Mental; Sexual Behavior; Personal Conduct

04/25/2012

Most recently, the Applicant has been found to be trustworthy by a Government Psychiatrist, and by his own treating Psychiatrist. His last act of inappropriate sexual behavior occurred more than seven years ago. Clearance is granted. CASE NO: 07-17801.h1


Financial

04/24/2012

Applicant is a 55-year-old employee of a defense contractor. He is alleged to be indebted to five creditors in the approximate amount of $66,956. Applicant mitigated the Financial Considerations security concerns, because his inability to repay his debts was caused by his wife’s unexpected unemployment, and he has acted responsibly with respect to his debts. Eligibility for access to classified information is granted. CASE NO: 11-02439.h1


Financial

04/24/2012

Applicant is 55 years old and employed as an Air Vehicle Pilot by a defense contractor. His excessive indebtedness caused by a job lay-off, periods of unemployment and underemployment, his wife's medical problems and occupation change, as well as a garage fire, has been mitigated by a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. Clearance is granted CASE NO: 11-01878.h1


Personal Conduct; Misuse of Information Technology Systems

04/24/2012

Applicant is 42 years old and is seeking a position as an Software Engineer for a defense contractor. He was terminated from employment from three separate companies during the period from 2000 to 2005. He knowingly violated his company's "zero tolerance policy" by viewing pornographic web sites at work on his work computer. Other misconduct included disruptive workplace behavior, statements of bitterness, resentment, disgruntlement, argumentative nature and numerous disagreements. Since 2005, he has demonstrated that he has significantly matured, and has not engaged in any inappropriate conduct since then. There is sufficient evidence of rehabilitation. Clearance is granted. CASE NO: 08-04593.h1


Personal Conduct

04/23/2012

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: 11-08584.h1


Financial Considerations

04/23/2012

Forty-four-year-old Applicant has had financial problems for several years, and he has had three repossessions and one house in a foreclosure status because of his failure to pay his bills. He attributed his delinquent accounts to his now ex-wife’s extravagant spending habits. There is a substantial monthly remainder available for discretionary spending to pay his delinquent accounts. Although he has repeatedly promised to resolve his debts, he has not made any recent payments to his SOR creditors. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 11-01492.h1


Drugs

04/23/2012

Applicant did not support his claim of passive inhalation of marijuana smoke as the cause for his failed drug test. Applicant's request for a security clearance is denied. CASE NO: 10-08419.h1


Financial

04/23/2012

Applicant owes about $17,373 in delinquent debt. Although he was on disability and more recently unemployed for short periods, he has been consistently employed since October 2009. He has made little progress toward resolving his past-due accounts. Clearance denied. CASE NO: 10-02966.h1


Criminal Conduct; Financial Considerations

04/20/2012

Thirty-nine-year-old Applicant was convicted of two counts of contributing to the delinquency of a minor, a misdemeanor, and sentenced to a total of 24 months in jail, with 24 months suspended, and two years of supervised probation, extending to July 2013, unless terminated earlier by the court. She went through a Chapter 7 bankruptcy in 2002, but subsequently permitted her financial situation to deteriorate. Although she resolved a few non-SOR accounts, she made strategic disputes of all of her accounts. Her inconsistent statements regarding the status of those accounts, the presence of a substantial monthly remainder available for discretionary spending to pay her delinquent accounts, and the absence of documentation to support any conclusion that more than one SOR account was resolved, suggest that she has made very little effort to resolve her accounts. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 11-06688.h1


Foreign Influence

04/20/2012

Applicant was born in Brazil, came to the United States in 1990, married a U.S. citizen in 1992, became a U.S. citizen in 1997, and renounced her Brazilian citizenship in 2006. Her father is a retired high-ranking Brazilian Army officer and a former senior official in the Brazilian Government. Her parents, sister, and numerous cousins, aunts, and uncles are citizens and residents of Brazil. While working as a federal contractor, Applicant befriended a Brazilian Navy officer and his wife, but that relationship waned when the officer returned to Brazil and retired. Clearance is granted. CASE NO: 11-05839.h1


Financial

04/20/2012

Applicant owes delinquent debts amounting to more than $65,000. He retained a debt-resolution firm and paid two debts that are not listed in the SOR. He provided no documentation showing that any of the SOR debts are included in his debt-resolution plan, or that he has a plan to resolve them. Clearance is denied. CASE NO: 11-01594.h1


Financial

04/20/2012

Applicant’s statement of reasons (SOR) alleges seven delinquent accounts, totaling $90,167. His financial problems were caused by unemployment, separation, divorce, and the decline in real estate values. He paid two debts; two debts are disputed; two debts are in established payment plans; and one debt is under investigation. Applicant is financially responsible. He showed self-discipline and good judgment, and he made payments to his creditors. Financial considerations are mitigated. Eligibility for access to classified information is granted. CASE NO: 10-10077.h1


Financial; Personal Conduct

04/20/2012

Applicant failed to mitigate the Financial Considerations and Personal Conduct concerns. He accumulated over $20,000 in bad debt over the past seven years and did not attempt to address this substantial debt until recently. He intentionally failed to disclose on his security clearance application that he had been charged in the past with a drug-related offense. Clearance is denied. CASE NO: 10-09368.h1


Drug; Criminal; Personal Conduct

4/20/2012

Applicant has mitigated the Drug Involvement, Criminal Conduct, and Personal Conduct security concerns that arose out of his illegal drug use and criminal conduct during the period of 2005 through 2006. He has not used any illegal substances, misused prescription drugs, or committed any criminal offense since 2006. Eligibility for access to classified information is granted. CASE NO: 10-08522.h1


Personal conduct; Drug Involvement

04/20/2012

Applicant's deliberate omission of his October 2006 drug use from his January 2007 security application, coupled with his false denial that he used drugs after being granted a security clearance in October 2004, has not been mitigated. The drug involvement guideline is resolved in Applicant's favor based on the passage of time and Applicant's credible character evidence. Eligibility for a security clearance is denied.


Financial

04/20/2012

Applicant is financially overextended, and her evidence is not sufficient for me to conclude that she is in control of her financial situation, or that she has a viable plan to resolve her substantial debt. Her financial problems continue to raise doubts about her judgment and her ability to comply with the law and regulations. Clearance is denied. ISCR CASE NO: 10-03598.h1


Financial

04/20/2012

Applicant failed to settle a military exchange debt after his retirement from the Navy. He was unable to pay his federal income tax debt after he and his wife temporarily separated and filed separate tax returns. After they reconciled, they purchased a home and a car they could not afford. Applicant settled the military exchange debt, paid two small debts, made payment agreements for the car loan and income tax debt, and is seeking modification of his delinquent first and second mortgages on his home. Clearance is granted. CASE NO: 09-05653.h1


Financial

04/19/2012

Applicant is a 40-year-old employee of a federal contractor. He did not provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. Case No. 11-06916.h1


Drugs

04/19/2012

Applicant abused marijuana with varying frequency from 1991 until March 2010. He also used Ecstasy between 1995 and 1997. Applicant intends no future involvement with any illegal drugs, but it is too soon to conclude with confidence that his marijuana use is not likely to recur. Clearance denied. CASE NO: 11-05843.h1


Financial; Personal Conduct

04/19/2012

Applicant mitigated security concerns arising from her financial delinquencies. She provided documentation establishing that she had active payment plans for resolving a federal tax lien and a state tax lien. However, when Applicant completed and certified a security clearance application in 2010, she failed to report a bankruptcy filing in 2005, the federal tax lien, and the state tax lien. Her denial of deliberate falsification was not credible. Applicant failed to mitigate security concerns arising under the personal conduct adjudicative guideline. Clearance is denied. CASE NO: 11-04364.h1


Financial

04/19/2012

Applicant mitigated the security concerns raised by her financial problems. Her request for a security clearance is granted. CASE NO: 11-02494.h1


Guideline K; Guideline E

04/19/2012

Once it has been established that an applicant has committed a security violation, that applicant has a very heavy burden of demonstrating that he or she should be entrusted with classified information. Such violations strike at the heart of the industrial security program and the Judge must review any claim of reform or rehabilitation with strict scrutiny. The Judge’s failure to recognize and apply this standard was error. Favorable decision reversed.


Guideline F

04/19/2012

Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Financial

04/19/2012

Applicant is a 64-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of federal tax liens and more than $100,000 in back taxes owed to the IRS. He has made payments to the IRS, and he currently has an offer in compromise pending with the IRS. Looking forward, it is too soon to predict if or when he will resolve his federal tax problems. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-06686.h1


Personal Conduct

04/19/2012

Applicant concealed a DUI arrest while an ROTC cadet. He hid the arrest for three years, and then provided misleading information about it to his command. He was convicted at court-martial for fraudulent appointment as an officer, and later administratively separated from the Air Force. Clearance is denied. CASE NO: 10-06632.h1


Financial

04/19/2012

Applicant is a 52-year-old employee of a defense contractor. He has not mitigated Financial Considerations security concerns raise by his questionable real estate investments. Eligibility for access to classified information is denied. CASE NO: 09-04133.h1


Financial; Personal Conduct

04/17/2012

Applicant 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: 11-06380.h1


Financial

04/17/2012

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 11-04058.h1


Financial

04/17/2012

Applicant filed late income tax returns with the IRS for tax years 2007 and 2008. She underpaid her federal income taxes for 2004 through 2010. In February 2012, she entered into an installment agreement with the IRS to repay a $40,000 federal tax debt at $2,061 per month starting in late March 2012. Applicant also owes around $12,619 in past-due consumer debt after satisfying or settling $2,579 in delinquent balances. Financial considerations security concerns are not fully mitigated. Clearance denied. CASE NO: 11-01027.h1


Foreign Influence

04/17/2012

Applicant was born in United States, and he has substantial connections to the United States. He served in Colombia while he was on active duty in the Army and on behalf of the U.S. State Department for more than five years. He honorably retired from the U.S. Army. He has had numerous contacts with Colombian government officials and advisors as part of his official duties, with his spouse’s family members, and with friends living in Colombia. Although these contacts raise a security concern, Applicant has such deep and longstanding relationships and loyalties in the United States that he can be expected to resolve any conflict of interest in favor of the U.S. interest. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 10-06107.h1


Criminal Conduct; Drugs; Financial; Personal Conduct

04/17/2012

Applicant was arrested on drug-related charges on three occasions between May 2006 and March 2008, and he smoked marijuana in 2008. He owes about $29,529 in delinquent debt that is primarily medical, after having satisfied or settled most of his past-due consumer credit balances. Applicant has inquired about a debt management plan, but without knowing whether his medical debt is covered under the plan or whether he can afford the payments, it is premature to conclude that his financial problems are behind him. Applicant’s lack of candor about his criminal drug activity and his past-due accounts raises concerns about his judgment and trustworthiness, and it undermines his reform of the criminal conduct concerns. Clearance denied. CASE NO: 10-04182.h1


Foreign Influence; Foreign Preference

04/16/2012

Applicant mitigated the Foreign Preference concern, but failed to mitigate the Foreign Influence concern. His family in Pakistan places him at a heightened risk of foreign exploitation from extremist elements and terrorists operating within Pakistan. Clearance is denied. CASE NO: 11-06529.h1


Financial Considerations; Foreign Influence

04/16/2012

Fifty-one-year-old Afghan-born Applicant has a history of gambling and has amassed delinquent debts totaling approximately $70,827 since 2008. He has not made any attempts to resolve his delinquent accounts which were charged off. Applicant, a naturalized U.S. citizen, has offered to continue to risk his life to support the United States’ goals in Afghanistan, and has shown his patriotism, loyalty, and fidelity to the United States. He is fully aware of the risks to himself, and he is also aware that his family members in Afghanistan are at risk from al-Qaida and Taliban terrorists. Nevertheless, substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-05418.h1


Criminal Conduct; Sexual Behavior; Financial

04/16/2012

Applicant has a long history of high risk sexual behavior that culminated in his pleading guilty to a solicitation charge. Considering his personal circumstances, his sexual behavior and criminal conduct continue to cast doubt on his judgment and on his ability to comply with the law and regulations. Clearance is denied. ISCR CASE NO: 10-01892.h1


Psychological Conditions

04/16/2012

Applicant has a history of depression and other psychological conditions. He has received mental health treatment and is on medications. A 2011 clinical evaluation notes that Applicant is currently functioning in a seriously impaired manner which may cause him to exhibit poor judgment. Applicant did not refute or update the 2011 opinion. He has not mitigated the security concern under Guideline I. Clearance is denied. CASE NO: 09-03718.h1


Financial

04/13/2012

Applicant established that his finances were being resolved and mitigated the financial consideration security concerns. Eligibility for access to classified information is granted. CASE NO: 11-01502.h1


Guideline F

04/13/2012

The Judge concluded that Applicant’s debts were an ongoing course of conduct, that Applicant had not demonstrated responsible action in regard to his debts, that he had not sought financial counseling, and there is little record evidence demonstrating a good-faith effort by Applicant tp pay his creditors. The Judge’s conclusions are sustainable. Adverse decision affirmed.


Foreign Preference

04/13/2012

Applicant, who was born in Ireland to Irish citizens, became a U.S. citizen in 1972. In 1995 and in 2007, he acquired Irish passports to use instead of his U.S. passport when he traveled to the Middle East on business as a government contractor. While he provided evidence to corroborate that he used his U.S. passport to travel to Ireland in 2005 and 2007, Applicant failed to mitigate foreign preference security concerns. Eligibility for a security clearance is denied. CASE NO: 10-03923.h1


Guideline B; Guideline F

04/13/2012

The Judge’s conclusion that Applicant’s debts were his own and were not the responsibility of his father is supported by the record. The record also supports the Judge’s conclusion that Applicant’s relatives in Lebanon are a means through which Applicant might be subjected to coercion or placed in a conflict of interest. Adverse decision affirmed


Criminal Conduct

04/13/2012

Applicant was 21 years old when he was arrested for second degree sexual conduct for having sexual intercourse with a female under the age of 16 in 2009. The case was nolle prosequi. Since the incident, Applicant has not been involved in any criminal activity. He has completed counseling but still sees his psychologist, completed college, earned a degree in computer science, and is gainfully employed. He has matured, broadened his circle of friends, and is rehabilitated. Eligibility for access to classified information is granted. CASE NO: 10-02980.h1


Financial

04/12/2012

Previously denied a security clearance in 2007, Applicant continues to have delinquent debts with a total approximate balance of $47,633. Aside from an involuntary garnishment, no actions have been taken to resolve the delinquent accounts. Clearance is denied.


Financial

04/12/2012

Applicant has about $500,000 in past due debts or in back taxes. Clearance is denied. CASE NO: 11-06651.h1


Financial

04/12/2012

Applicant is a 51-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. 11-06633.h1


Financial; Personal Conduct

04/12/2012

Applicant has not filed his federal or state income tax returns for tax years 2005 through 2010, because he does not like paperwork. Applicant's request for a security clearance is denied. CASE NO: 11-06622.h1


Financial, Personal Conduct

04/12/2012

Applicant’s Statement of Reasons (SOR) lists 17 delinquent debts totaling $44,518. Applicant has not made sufficient progress resolving his delinquent debts since he became employed by a Government contractor in September 2010. He intentionally failed to disclose his delinquent debts on his October 6, 2010 Electronic Questionnaire for Investigations Processing (e-QIP) (SF-86) because he wanted to obtain employment. Financial considerations and personal conduct concerns are not mitigated. Access to classified information is denied. CASE NO: 11-02579.h1


Criminal Conduct; Personal Conduct

04/12/2012

The Applicant's last conviction was five years ago, and for the last five years he has not driven a motor vehicle, the modus operandi of all his convictions. Clearance is granted. CASE NO: 10-05949.h1


Personal Conduct; Security Violations

04/12/2012

Applicant did not mitigate the security concerns raised by his 2008 security violation. His request to continue his security clearance is denied. CASE NO: 10- 05284.h1


Guideline F

04/10/2012

The Judge’s conclusion that there is a paucity of evidence to demonstrate mitigation is supported by the record. Adverse decision affirmed


Sexual Behavior; Criminal Conduct; Personal Conduct

04/10/2012

Applicant failed to mitigate the security concerns generated by his 2008 conviction for molesting his daughter. Clearance is denied. CASE NO: 10-09448.h1


Guideline F

04/10/2012

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


Financial and Personal Conduct

04/10/2012

Applicant is a 45-year-old employee of a defense contractor. He was alleged to be indebted to 19 creditors in the approximate amount of $22,060, raising concerns under the guideline for Financial Considerations. He also had a 2007 citation that raised security concerns under the guideline for Personal Conduct. Applicant failed to mitigate the Financial Considerations security concerns, but mitigated the Personal Conduct concern. Eligibility for access to classified information is denied. CASE NO: 10-04066.h1


Drugs; Personal Conduct

04/09/2012

Applicant's 11-year-history of drug use and his deliberate attempts to conceal some, most, or all of his drug history on several occasions has not been mitigated. Eligibility for access to classified information is denied.


Guideline F

04/09/2012

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. The Judge’s material findings of security concern were supported by substantial record evidence. Adverse decision affirmed. CASE NO: 11-00771.a1


Financial

4/09/2012

Applicant has had a history of overdue debts. He has not paid off any of his significant overdue debts, nor does it appear that he has made a responsible attempt to resolve the debts in question. Mitigation has not been shown. Clearance is denied.


Financial

04/09/2012

Applicant is a 36-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. 10-05595.h1


Financial

04/09/2012

Applicant has had financial difficulties for many years. Her problems have occurred primarily because of her unemployment and underemployment. She has used the legal remedy of filing bankruptcy on six occasions from 1996 to 2009 to attempt to resolve her debts. However, no evidence was introduced to establish that her current financial situation is stable and secure. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

04/09/2012

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


Financial; Alcohol; Drug; Criminal; Personal Conduct

04/09/2012

Applicant is 54 years old and is employed by a defense contractor. Applicant had substantial delinquent debts. He drank alcohol to excess from age 13 onward, leading to nine alcohol-related driving arrests, four job terminations, 14 rehabilitation program admissions, and recurring periods of abstinence followed by prolonged relapses. Applicant used marijuana from 1973 to 2006, ingested cocaine from the late 1970s into 1989 while holding a security clearance. Applicant used anti-anxiety medications unlawfully in 2002. He deliberately failed to disclose the full extent of his marijuana use to government investigators in July 2008. Applicant mitigated the financial considerations security concerns. Applicant did not mitigate the alcohol consumption, drug involvement, criminal conduct, and personal conduct security concerns. Clearance is denied. CASE NO: 08-09352.h1


Drugs

04/05/2012

Applicant illegally purchased, possessed, and used marijuana between January 2009 and August 2009, while working for a government contractor and holding a security clearance. As of his hearing day, he was living with his drug provider and marijuana-user friend. His behavior casts doubt on his reliability, judgment, and ability to comply with the law. Clearance is denied. ISCR CASE NO: 11-03366.h1


Financial

04/05/2012

Applicant’s financial problems are due, in part, to circumstances beyond her control, and she made some efforts to resolve her financial problems. However, the scant record evidence fails to establish Applicant’s financial responsibility in the acquisition and resolution of her delinquent debts. The evidence is insufficient to establish a credible and realistic plan to resolve her extensive debt. Clearance is denied. ISCR CASE NO: 11-01298.h1


Drug Involvement

04/04/2012

Twenty-nine-year-old Applicant used marijuana with varying frequency from August 2001 until November 2010, a period of nearly nine and one-quarter years, because it was free and available, and his friend furnished it to him. He used it in a university setting while both an undergraduate and a graduate student, as well as in a non-school setting while working for a Government contractor. Applicant has not changed or avoided the environment where marijuana was used. In January 2011, Applicant stated that he was considering stopping the use of marijuana completely because he did not want health insurance companies to label him as a smoker. He added that “if it is offered and it is the right time, he will smoke the marijuana.” He subsequently declared his intent to not use marijuana in the future. Under those circumstances, it appears that a more thorough demonstration of intent, supported by a longer period of abstinence, complete disassociation from drug-using associates, and avoidance of the environment where the marijuana was used, is appropriate. Applicant failed to mitigate the security concerns regarding drug involvement. Clearance is denied. CASE NO: 11-04790.h1


Foreign Influence

04/04/2012

Applicant has not mitigated the foreign influence concerns raised by his 26-year-old daughter who, even though she is a U.S. citizen, spends part of the year in Pakistan with her husband, a resident citizen of Pakistan. Foreign influence concerns are also raised by Applicant's 29-year-old daughter who is also a citizen of Pakistan living in the United Kingdom, and Applicant's oldest sister who is a resident citizen of Pakistan. His ties and relationships in the United States are insufficient for me to find that he will decide all future conflicts of interest in favor of the United States. Eligibility for access to a security clearance is denied.


Financial

04/04/2012

Applicant has not mitigated the security concerns under the financial considerations guideline. He has delinquent debts in the amount of $32,212. He has not provided any evidence that the delinquents debts are resolved or in repayment status. Clearance is denied. CASE NO: 11-01406.h1


Financial

04/04/2012

Applicant failed to mitigate the Financial Considerations concern. He accumulated over $125,000 in bad debts and failed to establish that his financial situation is under control. Clearance is denied. CASE NO: 11-00032.h1


Criminal Conduct, Financial

04/04/2012

Applicant failed to mitigate the Criminal Conduct and Financial Considerations concerns. He was recently involved in a motor vehicle accident while under the influence of alcohol and narcotic medication. He left the scene and, after being stopped by police, cocaine was discovered in his car. He was also recently involved in a domestic incident, where he violently assaulted his wife. He only recently completed probation for the domestic violence offense. He failed to establish that his past criminal behavior is no longer a concern. Applicant accumulated over $29,000 in bad debt that he has continuously promised to resolve, but failed to start paying until recently. He failed to establish that his financial situation is under control. Clearance is denied. CASE NO: 09-08442.h1


Financial

04/03/2012

Applicant is a 35-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties. He defaulted on two credit card accounts and they were placed for collection for $11,000 and $6,032, respectively. The creditor for the lesser amount has obtained a judgment against him. Applicant is now seeking relief from these and other debts via a Chapter 7 bankruptcy case, which was filed in December 2011. His bankruptcy case is pending with the court. His bankruptcy paperwork indicates a negative cash flow of several hundred dollars per month. It is too soon to tell if or when his financial situation will stabilize. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 11-00421.h1


Financial

04/03/2012

Applicant mitigated the security concerns raised by her financial problems which occurred after a Chapter 7 bankruptcy discharge in August 2005, by demonstrating that she had a credible and realistic plan for resolving her debts and had taken significant actions to implement that plan—progressing to the point where only four debts, totaling about $1,600 remained to be addressed. Clearance granted.


Financial

04/03/2012

Applicant and his spouse became financially overextended after Applicant quit his job to work as a freelance illustrator in 2008. He attempted to supplement the household income by trading in stock options. In 2009, he tapped his personal credit to support his online trading, and he ran up $161,000 in delinquent credit card debt by March 2011. He made some payments on the debts until August 2011, and in February 2012, he started paying $1,640 per month under a debt management plan. A longer track record of payments is needed before I can safely conclude that his financial problems are behind him. Clearance denied. CASE NO: 10-04808.h1


Foreign Influence; Personal Conduct

04/02/2012

While holding a security clearance, Applicant maintained numerous long-time friendships with foreign nationals. He contacted them frequently and travelled extensively to foreign countries to visit them. He placed himself in a position of vulnerability to be exploited. Additionally, he failed to timely file his 2006 and 2010 income tax returns, and to pay his income taxes. Clearance denied. ISCR CASE NO: 10-10307.h1


Drugs; Personal Conduct

04/02/2012

Applicant mitigated the security concerns raised by her prescription drug abuse, which occurred after she sustained serious injuries in an August 2006 car accident, by ceasing abuse for more than three years and demonstrating an intent to not abuse prescription drugs in the future. Clearance granted.


Financial; Personal Conduct

03/30/2012

Applicant is held liable to repay $68,000 in delinquent federal taxes and around $9,600 in state taxes that are solely her ex-husband’s responsibility in their divorce. Also, he defaulted on their home loans without her knowledge. Applicant satisfied the state tax debt in April 2011, and she is repaying the IRS at $401 every two weeks. Their primary mortgage was satisfied through a foreclosure sale, and Applicant is not currently being pursued for the $112,244 charged-off second mortgage. Her sizeable debt burden raises financial concerns, but extenuating circumstances warrant continuation of the security clearance she has held for about 25 years. Personal conduct concerns raised by her failure to disclose the delinquent mortgages during a subject interview are not established in the absence of knowing concealment. Clearance granted. CASE NO: 11-04144.h1


Financial

03/30/2012

Applicant has made a good faith effort to address all of the alleged past due debts. Clearance is granted. CASE NO: 10-10529.h1


Guideline M; Guideline E

03/30/2012

Under the circumstances of this case, and in light of the Directive’s provision the the Federal Rules of Evidence serve only as a guide, it was not unfair for the Judge to admit a government exhibit in redacted form and to consider it as substantive evidence. The record provides no reason to believe that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline G; Guideline E

03/30/2012

The Judge made sustainable findings that Applicant had consumed alcohol at times to excess and to the point of intoxication from approximately 1975 to at least may 2010 and had been arrested and prosecuted on multiple occasions for DWI. The Judge reasonably explained why the mitigating evidence was insufficient to overcome the government’s security concerns. Adverse decision affirmed.


Criminal Conduct; Alcohol Consumption

03/29/2012

Applicant mitigated the criminal conduct and alcohol consumption security concerns. Eligibility for access to classified information is granted. CASE NO: 11-04756.h1


Guideline F

03/29/2012

There is no record evidence to support Applicant’s contention that Department Counsel indicated he would not be held responsible for a mortgage debt. Applicant has not rebutted the presumption that the Judge considered all the evidence. The Judge’s findings and conclusions are supported by the record evidence. Adverse decision affirmed


Guideline G; Guideline H; Guideline E

03/29/2012

Applicant makes no assertion of harmful error on the part of the Judge. The Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed.


Financial

03/29/2012

Applicant has not mitigated the security significance of his unresolved past-due indebtedness. Clearance is denied. CASE NO: 10-08154.h1


Personal Conduct; Financial; Foreign Influence

03/28/2012

Applicant is 27 years old and employed as a Design Engineer by a defense contractor. The Applicant's delinquent debts have been resolved. His foreign contacts with South Korea include his wife, her parents, her brother, and aunts and uncles pose no security risk. His foreign contacts with Russia that include his father do not pose a security risk. His history of rule violations that include violations of company policy and numerous driving infractions which occurred from 2007 to 2011 have not been sufficiently mitigated. Clearance is denied. CASE NO: 11-04120.h1


Financial; Drugs; Personal Conduct

03/28/2012

Applicant mitigated the Financial Considerations and Drug Involvement concerns, but failed to mitigate the Personal Conduct concern. She has had numerous traffic violations over the past 13 years, principally involving speeding and driving with a suspended or revoked license. In spite of twice being arrested for driving on a suspended license and serving time in jail, she continues to violate traffic laws. Her last violation occurred a year ago and occurred after she completed a driver’s safety education course. Clearance is denied. CASE NO: 11-02488.h1


Financial

03/28/2012

Applicant is a 52-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of (1) a Chapter 7 bankruptcy case ending in discharge in 2003, (2) unresolved state and federal tax liens, and (3) unresolved delinquent debts. He did not present documentary evidence showing that he paid, settled, reduced the balances owed, disputed, or otherwise resolved the tax liens or the debts. He does not have a realistic plan in place to resolve these matters. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-10401.h1


Financial Considerations

03/28/2012

Applicant had three accounts placed for collection, three charged-off accounts, and four past due accounts that totaled approximately $55,000. All accounts have been paid or brought current. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-10161.h1


Financial Considerations

03/28/2012

Applicant owed approximately $32,000 on 16 delinquent obligations. He has paid or is making payment on half of the obligations. He plans to address the remainder. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-02558.h1


Financial

03/28/2012

Applicant failed to mitigate the financial considerations security concerns generated by her history of financial delinquencies. Clearance is denied. CASE NO: 10-01264.h1


Financial; Personal Conduct

03/28/2012

Applicant failed to file federal and state tax returns for several years, believing that he was not required to file if he did not owe additional taxes. After discovering in August 2009 that he was obligated to file returns, he did not file his federal returns until September 2010 and he did not file his state returns until December 2011. He did not disclose his failures to file tax returns on his security clearance application because he believed he was not required to file. Clearance is denied. CASE NO: 09-08505.h1


Financial

03/27/2012

Applicant has a good income and has been employed at his current job since 2008. He failed to provide documentation to establish that he had paid or otherwise attempted to resolve twelve financial delinquencies alleged in the SOR. He stated that he would pay his delinquent debts on the future. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 11-02566.h1


Drugs

03/27/2012

Applicant used marijuana while holding a security clearance. Clearance is denied. CASE NO. 11-02359.h1


Financial

03/27/2012

Applicant mitigated the security significance of her past-due indebtedness. Clearance is granted. CASE NO: 11-00059.h1


Foreign Influence; Financial

03/27/2012

While Applicant mitigated security concerns about his financial condition, he failed to mitigate security concerns arising from his wife’s contacts with her parents, siblings, and other relatives in the People’s Republic of China. Clearance is denied. CASE NO: 09-07565. h1


Alcohol

03/26/2012

Applicant continues to drink alcohol despite being evaluated as alcohol dependent. Clearance is denied. CASE NO: 11-09587.h1


Foreign Preference; Foreign Influence

03/26/2012

Applicant is 55 years old and President of a defense contracting company. He is a dual citizen of Israel and the United States. In a previous DOHA hearing in 2003, he indicated that he was willing to surrender his Israeli passport to the Israeli Consulate and renounce his Israeli citizenship, but never did. He now states that he is willing to surrender his Israeli passport, however he currently possesses an Israeli passport that does not expire until 2017. He has significant financial assets in Israel, as well as a brother, sister-in-law and cousins that he maintains close and continuing contact with. The possibility of foreign preference and foreign influence exists. Clearance is denied. CASE NO: 11-02842.h1


Financial; Personal Conduct

03/26/2012

Applicant mitigated the security concerns raised by his delinquent debt. However, he did not mitigate the security concerns raised about his personal conduct. His request for a security clearance is denied. CASE NO: 11-00998.h1


Financial

03/26/2012

Applicant mitigated the security concerns raised by her financial problems by her sustained progress in addressing her delinquent accounts from approximately March 2010 until her hearing in January 2012—at which point she had resolved all outstanding debts. Clearance granted.


Financial

03/26/2012

Applicant has only addressed, through corroborating evidence, four of the thirteen alleged past due debts. Clearance is denied. CASE NO: 10-09433.h1


Financial

03/26/2012

Since March 2010, Applicant had adequate notice that the Government was concerned about her delinquent accounts. The record demonstrates she is credibly trying to obtain a loan modification agreement. The record also shows she paid the department store debt because her claim is supported by documents from the creditor verifying that she settled the account. That kind of documented evidence does not exist for the other nine accounts because: (1) Applicant did not produce documents to support her claims about several debts; (2) she did not supply the correct documents that proved other debts were satisfied; or (3) during the security investigation, she expressed different positions about having documentary proof. Eligibility for access to classified information is denied.


Misuse of Information Technology; Personal Conduct

03/26/2012

Applicant has not mitigated the security concerns under the Guidelines for misuse of information technology and personal conduct. He received a 1999 security citation and from 1994 to the present he admits downloading software to an unclassified system without authorization. Clearance is denied. CASE NO: 10-08589.h1


Drug; Personal Conduct

03/23/2012

Applicant is 27 years old and is employed by a defense contractor. Applicant used marijuana from 2002 to 2009, including after he obtained a security clearance in 2008. He deliberately failed to disclose the full extent of his marijuana use on his October 2007 security clearance application. Applicant did not mitigate the drug involvement and personal conduct security concerns. Clearance is denied. CASE NO: 11-00446.h1


Financial; Personal Conduct

03/23/2012

Applicant's failure to address all but one of his 11 delinquent debts totaling over $80,000 renders him an unsuitable candidate for access to classified information. However, he did not falsify his clearance applications because he was so disengaged from—and disinterested in—his finances that he was unaware of his financial problems when he completed his clearance applications. Clearance denied.


Financial

03/23/2012

Applicant is a 58-year-old computer customer service representative. He did not provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. Case No. 10-09970.h1


Financial

03/23/2012

Applicant, an immigrant with limited English-language skill, acquired numerous debts, beginning in 2003. When he learned of the seriousness of his financial delinquencies, he sought help from his company’s facility security officer and human resources manager. With their assistance, he identified a responsible debt management firm, entered a contract for the payment of his debts, and systematically made payments in satisfaction of the debts. Applicant provided documentation corroborating that all of the debts alleged on the SOR were either paid in full or in a repayment plan. Applicant mitigated Guideline F security concerns. Clearance is granted. CASE NO: 10-04893.h1


Foreign Influence

03/23/2012

Applicant mitigated the Foreign Influence concern. He has worked for the U.S. Government, as either an employee or a contractor, for over 30 years. He has held a security clearance the entire time without incident, including during periods when his foreign contacts and connections were far more extensive than at present. Clearance is granted. CASE NO: 10-00980.h1


Alcohol

03/23/2012

Applicant is a 31-year-old man, who honorably served this country from 1999 to 2007. He has a history of five alcohol-related criminal incidents that occurred between 1999 and 2009. Despite being diagnosed as Alcohol Dependent on three occasions, he continues to consume alcohol. He failed to present sufficient evidence to mitigate the security concerns raised under the guideline of alcohol consumption. Clearance is denied.


Financial; Personal Conduct

03/22/2012

Applicant is 52 years old. She works as a clerk for a defense contractor. Applicant has 20 delinquent debts totaling $83,348 resulting in part caused by a business failure. She did not disclose more than two of those delinquent debts on her investigations processing application. Applicant did not mitigate the financial considerations trustworthiness concern. She also did not mitigate the personal conduct trustworthiness concern. Access to sensitive information is denied. CASE NO: 11-03026.h1


Drug Involvement; Personal Conduct

03/22/2012

From 1990 to July 2010, Applicant used marijuana from once a month to two or three times a week, although there were periods when she refrained from use. There has been insufficient time since her last use to overcome the security concerns posed by the 20-year history of use. Applicant has failed to rebut or mitigate the security concerns due to her drug usage; however, she did rebut the personal conduct security concerns. Clearance is denied. CASE NO: 11-01671.h1


Financial

03/22/2012

Applicant purchased a $302,000 home in 2004. Because his wife wanted a larger home, he bought a $750,000 home in 2007, without selling the first home. He financed the second home with loan secured by his first home for about $60,000, a $603,000 first mortgage, and a $150,000 second mortgage. He was unable to keep tenants in the first home. He and his wife separated about a year after they purchased the second home. After they separated, she did not contribute to the payments on either home. The second home was foreclosed in August 2010, with a deficiency of about $330,000. Applicant moved back into the first home, negotiated a loan modification, and is current on his payments. He did not contact the second-home lender until after the hearing, and he has accomplished nothing to resolve the foreclosure deficiency. Clearance is denied. CASE NO: 11-01380.h1


Foreign Influence; Foreign Preference

03/22/2012

Applicant failed to mitigate the security concerns generated by his possession of a valid Iranian passport and his relationship with family members who are Iranian citizens and residents. Clearance is denied. CASE NO: 10-09421.h1


Foreign Influence, Foreign Preference

03/22/2012

Applicant was born in Iran. He, his wife, and his daughters have Canadian, Iranian, and U.S. citizenship. He earned a bachelor’s degree at a U.S. university, and his daughters also attended college in the United States. His wife earned a graduate degree in the United States and is a federal government employee. He has one brother who lives in Iran, with whom he has infrequent contact. Applicant has no intent to return to Iran, and surrendered his Iranian passport to his FSO two years ago. He owns a home in the United States valued at $700,000, as well as a rental property. He has over $1,000,000 in U.S. investments. He has worked for a federal contractor for 17 years, frequently traveling to the Middle East to assist in U.S. war efforts. Applicant's history of strong ties to the United States outweighs his relationship to his brother in Iran. Clearance is granted. CASE NO: 10-02148.h1


Foreign Influence

03/22/2012

Applicant is a 59-year-old employee of a defense contractor. The Government raised concerns over his contacts in a foreign nation including his father, sister, aunt, uncle, cousins, college friend, and property he owns abroad. However, his long and intricate connections with the United States indicate he would resolve the conflict in favor of the United States. Applicant mitigated the Government’s Foreign Influence concerns. Eligibility for access to classified information is granted. CASE NO: 10-01732.h1


Financial

03/20/2012

Applicant is a 63-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: 11-06667.h1


Financial

03/20/2012

Applicant has a long history of financial indebtedness. He currently has 18 delinquent debts, and has failed to submit proof that any of them are satisfied. He has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:11-04831.h1


Criminal Conduct; Personal Conduct

03/20/2012

Thirty-five-year-old Applicant has a history of criminal activity, including four convictions. When questioned, in two separate security clearance applications in 2000 and 2009, as well as during a 2009 security interview, about his police record, he lied. When offered opportunities to be candid, he furnished several different explanations for his actions. He admitted his false responses were deliberate. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 11-03451.h1


Alcohol

03/20/2012

Between 1999 and 2008, Applicant was arrested and convicted twice of Driving While Intoxicated and received a deferred adjudication for a third alcohol related offense. He has failed to rebut or mitigate the alcohol consumption security concerns. Clearance is denied. CASE NO: 11-02866.h1


Guideline F

03/20/2012

The Directive does not require a Judge to articulate an explicit credibility determination, even in cases in which he or she denies a clearance. A Judge can find an applicant to be honest and believable but nevertheless conclude that the applicant has not mitigated the security concerns in his or her case. CASE NO: 11-02087


Financial

03/20/2012

Sixty-two-year-old Applicant failed to mitigate the security concerns regarding financial considerations. His lengthy period of inaction leaves substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 11-01015.h1


Foreign Influence

03/20/2012

Applicant, a member of a persecuted ethnic group in the People’s Republic of China (PRC), maintains his contacts in the PRC with his parents, brothers, and in-laws. His wife, also a citizen of the PRC, lives with him in the United States. Applicant’s contacts with these family members raise security concerns under Guideline B, Foreign Influence. Applicant failed to mitigate the Guideline B security concerns. Clearance is denied. CASE NO: 10-09498. h1


Guideline E; Guideline D

03/20/2012

The Judge’s material findings were 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: 10-08550.a1


Financial; Personal Conduct

03/20/2012

Applicant failed, without reasonable cause, to appear at his security clearance hearing set for February 3, 2012. The case file is being forwarded to the Director, DOHA requesting a default decision and the automatic denial or revocation of Applicant’s security clearance. CASE NO: 10-02264.h1


Financial

03/20/2012

Applicant has over $19,000 in unresolved delinquent debt. Clearance is denied. CASE NO. 10-01350.h1


Criminal Conduct

03/19/2012

Applicant was convicted of one misdemeanor assault charge in June 2010 pursuant to his guilty plea. Upon returning home after work-related travel, Applicant discovered a male friend and his girlfriend in a compromising position. Applicant punched his friend four or five times and left. His friend called the police and pressed charges. Applicant has complied with all sentencing requirements. He has an impeccable record of distinguished employment service and raised two children as a single parent. Appellant successfully mitigated criminal conduct concerns. Clearance is granted.


Foreign Influence; Personal Conduct

03/19/2012

Applicant failed to mitigate the foreign influence concerns raised by his wife, children, and his wife’s immediate family members residing in Egypt, and his parents residing in Lebanon (albeit for part of the year). Moreover, he falsified his security clearance application (SCA) and provided false statements to government investigators about his Lebanese passport. Clearance is denied. ISCR CASE NO: 11-03360.h1


Financial

03/19/2012

Between May 2004 and August 2006, Applicant and her husband bought eight condominiums in a beach community as investment properties. Their family income at the time was more than $400,000 per year. In August 2009, Applicant’s income was cut in half, making it impossible for her and her husband to make the mortgage payments on their investment properties. They have completed short sales of four properties, and the lender has cancelled the deficiencies on two. They have accepted offers on the remaining four properties, and the lender has promised to cancel the deficiencies on two. By selling other non-investment assets, Applicant has accumulated significant cash that is available to resolve deficiencies or pay the taxes on cancelled indebtedness. Clearance is granted. CASE NO: 11-01450.h1


Foreign Preference

03/19/2012

Applicant did not mitigate the foreign preference security concerns. Eligibility for access to classified information is denied. CASE NO: 10-09516.h1


Financial

03/19/2012

Applicant has five debts, all directly attributable to a costly separation and divorce and the costs associated with a job-related move. Among the debts was a condominium foreclosure. The record is replete with Applicant’s diligent efforts to avoid foreclosure and keep his creditors informed of his situation. Upon the advice of his attorney, Applicant has not attempted to settle with these creditors until he receives a final accounting of the foreclosure proceeds. Otherwise, Applicant is current on his other bills as well as his child support payments. Clearance is granted. CASE NO: 10-03552.h1


Guideline F; Guideline E

03/19/2012

The possibility that an applicant has been defrauded by others is not a sufficient basis for favorable application of the Guideline F mitigating conditions. While actual fraud may be mitigating, the evidence in this case does not support such a finding. Applicant’s service to the U.S. was evidence the Judge was required to consider. However, in this case, such evidence was not sufficient to mitigate security concerns arising from acts of poor judgment. Favorable decision reversed. CASE NO: 10-02803.a1


Financial

03/16/2012

Applicant is a 56-year-old employee of a defense contractor. In 2007, he was the victim of a Ponzi scheme. Since then, he has taken sufficient action to mitigate the security concerns arising from his delinquent debts. Clearance is granted. CASE NO: 11-02793.h1


Financial; Personal Conduct

03/16/2012

Applicant failed to mitigate the financial considerations and personal conduct security concerns generated by his history of financial delinquencies and his failure to disclose them, as required, on his security clearance application. Clearance is denied. CASE NO: 10-07076.h1


Mental

03/16/2012

Applicant mitigated the Psychological Conditions concern. He suffered from three short-term bouts of depression in 2003, 2006, and 2009. He quickly overcame these bouts on his own and two were clearly related to outside stressors, including a divorce after 14 years of marriage. His depression is in remission and there is no indication of a current problem. He has properly handled classified information without issue since 1997. His employer is aware of his depression and does not question his judgment, reliability, and trustworthiness. Clearance is granted. CASE NO: 10-01525.h1


Foreign Influence; Foreign Preference

03/15/2012

Applicant was born in the People’s Republic of China (PRC). His mother, father, brother, sister, mother-in-law, sister-in-law, and brother-in-law are citizens and residents of the PRC. He also has limited professional contacts in the PRC. After becoming a U.S. citizen, he invalidated his PRC passport. He mitigated the security concerns arising under the Foreign Preference guideline, but failed to mitigate the security concerns under the Foreign Influence guideline. Eligibility for access to classified information is denied. CASE NO: 11-05102.h1


Financial Considerations; Personal Conduct

03/15/2012

Sixty-two-year-old Applicant routinely failed to pay federal and state income tax between 1999 and 2010, because she did not always have the money to pay her taxes, and both the IRS and the state were forced to file tax liens and resort to garnishment. She also has other delinquent accounts. Applicant and her spouse make “good money,” but they also have a “large amount of expenses,” which she attributed to supporting a son, a grandchild, and a mother-in-law. Her lengthy period of inaction leaves substantial questions and doubts as to her security eligibility and suitability. Clearance is denied. CASE NO: 10-11131.h1


Drug Involvement; Personal Conduct

03/15/2012

Applicant has not mitigated the security concerns under the guidelines for Drug Involvement and Personal Conduct. He tested positive for marijuana in a 2009 test for an employment pre-screening. He had a 2001 marijuana charge nolle prossed. He admitted to falsification of his 2010 SF-86, his 2010 OPM interview, and his 2011 DOHA interrogatories in his Answer to the SOR. His subsequent recantation of his admissions was not credible. Clearance is denied. CASE NO: 10-09402.h1


Foreign Influence

03/15/2012

Applicant is a 41-year-old employee of a defense contractor. His wife is a citizen of Ukraine and she has several family members in both Ukraine and Russia. Applicant mitigated the Government’s security concerns under Guideline B, Foreign Influence because his ties to the U.S. are strong and he has little contact with his foreign relatives. Applicant’s eligibility for a security clearance is granted. CASE NO:10-08992.h1


Foreign influence

03/15/2012

Security concerns raised by Applicant’s family ties to Jordan are mitigated because of his much greater connections to the United States and under the whole-person concept. He has shown his professionalism, integrity, and trustworthiness during 30 months of duty at an overseas location a linguist. Foreign influence concerns are mitigated. Access to classified information is granted. CASE NO: 11-04104.h1


Guideline F

03/14/2012

It was not error for the Judge to decline to leave the record open to accept documents from the Applicant, when the Judge accepted Applicant’s testimony on the issue to which the documents pertained and ultimately made findings consistent with Applicant’s representations about the documents. The Judge’s weighing of the mitigating evidence in the case was supported by the record evidence. Adverse decision affirmed.


Drugs; Personal Conduct

03/14/2012

Applicant has mitigated the security significance of his past drug involvement. He has also mitigated the security significance of his falsifications on security forms. Clearance is granted. CASE NO:11-00001.h1


Guideline F

03/14/2012

On appeal Applicant contends that the Judge failed properly to apply the mitigating conditions, citing to evidence that his financial problems were related to his job loss. The Board finds no reason to conclude that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline D; Guideline E

03/13/2012

The Judge’s failure to list the applicable mitigating conditions is not harmful error. The Board does not review a Judge’s decision against a standard of perfection. Adverse decision affirmed.


Guideline F

03/13/2012

Applicant challenges some of the findings of fact. While the Judge may have overstated the amount of time Applicant was dependent on his brother the Judge’s basic point was factually accurate. Adverse decision affirmed.


Financial

03/12/2012

Applicant has not mitigated the security concerns under the financial guideline. He has an unresolved home- equity loan in the amount of $260,000. He does not intend to pay the amount. He may file for bankruptcy. Eligibility for a security clearance is denied. CASE NO: 11-06432.h1


Financial

03/12/2012

Concerns were raised under financial considerations because Applicant has five delinquent accounts totaling approximately $63,787. He entered into a repayment agreement for one of the debts, but failed to provide proof that he was making the payments under the plan. The remaining delinquent debts remain unresolved. Applicant did not meet his burden to mitigate the concerns raised under financial considerations. Clearance is denied.


Drugs; Personal Conduct

03/12/2012

Applicant falsely failed to disclose the extent of his drug abuse on his security clearance application. Although he established that he is unlikely to abuse drugs in the future, he did not mitigate concerns raised by this concealment. Eligibility for access to classified information is denied. CASE NO: 10-10977.h1


Financial

03/12/2012

Applicant failed to mitigate the security concerns raised by her $20,000 unaddressed debt. Clearance denied.


Financial; Personal Conduct

03/12/2012

Applicant is 53 years old, married, and has two children. She works for a defense contractor. She incurred 35 delinquent totaling $12,655. She filed bankruptcy twice and was discharged both times, once in 1994 and the second time in 2006. Applicant did not disclose her delinquent debts on her security clearance application. Applicant mitigated the financial considerations and personal conduct security concerns. Clearance is granted. CASE NO: 10-08778.h1


Financial

03/12/2012

Applicant mitigated the security concerns raised by his delinquent debt. He acted responsibly when faced with an unexpected financial problem and his overall financial status is sound. His request for a security clearance is granted. CASE NO: 10- 06060.h1


Financial Considerations; Personal Conduct

03/12/2012

Applicant has 24 delinquent debts, which remain unpaid. He failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. The personal conduct concern was not established. CASE NO: 10-03731.h1


Financial

03/09/2012

Applicant has mitigated the security concerns under the financial guideline. She incurred delinquent debt from unemployment, under employment, and a failed relationship. She has addressed and resolved her debts. She received financial counseling. Eligibility for a security clearance is granted. CASE NO: 11-05250.h1


Foreign Influence

03/09/2012

Applicant was born in Pakistan. In 1998, she married a native of Pakistan who was already a U.S. citizen. She came to the United States in 1999, attended college in the United States and graduated in 2002, worked for two federal contractors before beginning her current employment, and was cleared for a public trust position by another federal agency in October 2009. Her parents, two sisters, and a brother are citizens and residents of Pakistan. Her father retired from the Pakistani Air Force as a brigadier general in 1995, and her brother-in-law is an active-duty colonel in the Pakistani Air Force. The evidence establishes that she can be expected to resolve any conflict of interest in favor of the United States. Clearance is granted. CASE NO: 11-04798.h1


Financial

03/09/2012

Applicant has a long history of financial problems caused by unemployment, underemployment, and financial irresponsibility. However, she intentionally failed to file tax returns and pay taxes for at least 10 years. Applicant's case in mitigation of settling or satisfying 18 delinquent debts is substantially undermined by her undocumented claim of having made regular payments to the state tax agency between August 2011 and February 2012. Eligibility for access to classified information is denied. CASE NO: 11-02656. h1


Financial

03/09/2012

Applicant is paying down his mortgage arrearage, and owes nothing on the other two alleged past due debts. Clearance is granted. CASE NO: 11-01551.h1


Alcohol; Drug Use; Personal Conduct; Criminal Conduct

03/09/2012

Applicant is 29 years old and is employed by a defense contractor. Applicant has three driving while intoxicated arrests and related convictions since 2004. He used marijuana from 1998 to 2011, including while holding a security clearance. He failed to disclose his full use history of marijuana on his security clearance application and to a government investigator. Applicant has not mitigated the alcohol consumption, drug involvement, personal conduct, and criminal conduct security concerns. Clearance is denied. CASE NO: 11-00987.h1


Criminal; Personal Conduct

03/09/2012

Applicant was arrested and charged with criminal offenses related to substance abuse in 2001, 2003, and 2010. In 2006, he was fired from a job when his employer accused him of theft. He deliberately failed to list that he had been charged with a felony on his security clearance application. Applicant failed to mitigate security concerns arising from his criminal conduct and personal conduct. Clearance is denied. CASE NO: 10-09689.h1


Financial

03/09/2012

In January 2010 Applicant filed for Chapter 11 bankruptcy, listing $73,000 in creditors holding unsecured priority claims; $544,558 in unsecured nonpriority claims; and $5,905,968 in secured liabilities. The SOR alleged that he has an additional $3,095,379 in debts that were not included in the Chapter 11 filing. The bankruptcy is pending and the bankruptcy judge has not yet approved either the Disclosure Statement and/or the proposed Plan of Reorganization. Applicant failed to mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-05738.h1


Alcohol; Personal Conduct

03/08/2012

Applicant did not intentionally falsify his Questionnaire for National Security Positions, but he did not mitigate the security concerns raised by his history of alcohol abuse and alcohol-related incidents. Clearance is denied. CASE NO: 11-01774.h1


Personal Conduct; Financial

03/08/2012

Applicant, a government contractor, mitigated Guideline F security concerns but failed to mitigate Guideline E security concerns. Clearance is denied. CASE NO: 11-00180


Financial

03/08/2012

Applicant mitigated the security significance of her past-due indebtedness. Clearance is granted. CASE NO: 10-10410.h1


Financial

03/08/2012

As a result of being laid off for nine months and incurring medical expenses for his wife’s addiction to alcohol and prescription drugs, Applicant incurred delinquent credit card debts, fell behind on his mortgage payments, and his home was foreclosed. He negotiated payment plans for all his delinquent debts except the first mortgage on his foreclosed home. He is making good-faith efforts to resolve his delinquent debts. Clearance is granted. CASE NO: 10-10391.h1


Financial

03/06/2012

Applicant has a long history of failing to file annual Federal and state income tax returns as required. He is indebted to both the Federal and state governments for unpaid taxes. He presented little evidence that he is acting responsibly with respect to these tax debts. He has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 11-03813.h1


Guideline B; Guideline F

03/05/2012

Applicant failed to rebut the presumption that the Judge considered all of the evidence. In Guideline B cases, the nature of the foreign country and its intelligence gathering history provide a context for evaluating record evidence. There is a rebuttable presumption that an applicant has ties of affection for his immediate in-laws. Adverse decision affirmed. CASE NO: 11-01470


Guideline G; Guideline E; Guideline F

03/05/2012

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Applicant failed to rebut the presumption that the Judge was unbiased. A Judge is required to address all of the allegations in the SOR. Adverse decision affirmed. CASE NO: 10-09281.a1


Guideline F

03/02/2012

On appeal Applicant states that he will pay his debts if by doing so he will receive a security clearance Adverse decision affirmed


Financial

03/02/2012

Applicant has mitigated the security significance of his past due indebtedness by using the legal remedy of bankruptcy. Clearance is granted. CASE NO: 10-07289.h1


Guideline G; Guideline E

03/02/2012

The disqualifying conduct proven by multiple convictions (with a guilty plea for cocaine possession) is sufficient to sustain the Judge’s ultimate adverse conclusions. Therefore, the Board need not resolve the problem posed by the unusual state of the record with regard to the child pornography allegation. Adverse decision affirmed.


Foreign Influence

02/29/2012

Applicant is 46 years old and employed as a Managing Partner of his own defense contracting company. His Korean contacts include his wife, who is a citizen of Korea, and two financial assets, a house worth $500,000 and a bank account that contains $2,000. The house is scheduled to be sold and the bank account closed. His assets in the United States far outweigh his assets in Korea. His foreign influence has been mitigated and does not pose a security risk. Clearance is granted. CASE NO: 11-06668.h1


Drug Involvement; Personal Conduct

02/29/2012

Applicant mitigated the drug involvement security concern related to his August 2010 marijuana possession arrest, but he failed to mitigate the personal conduct security concern for failing to disclose it, as required, on his security clearance application. Clearance is denied. CASE NO: 11-06479


Financial Considerations

02/29/2012

Sixty-eight-year-old Applicant routinely failed to file federal and state income tax returns between 1996 and 2010, and both the IRS and the state were forced to file tax liens and take garnishment actions in order to obtain the delinquent balances. One federal tax lien, in the amount of $159,000, remains unsatisfied. Applicant was fully employed while on active duty (1960 to 1990) and in his civilian position as a contractor (1990 to the present), but attributed his situation to “insufficient funds.” He resolved one civil judgment and lien filed against him for default on a time-share agreement. His lengthy period of inaction and undocumented positive actions leave substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 11-04028.h1


FINANCIAL

02/29/2012

Applicant lost a home to foreclosure, on which he owes a second mortgage of $12,512. While some of his financial problems can be attributed to his spouse’s medical issues and her abuse of his credit, he defaulted on $9,041 in student loan debt, and a $3,908 judgment was issued against him for an unpaid medical debt. Applicant has since repaid the judgment, but he has yet to resolve other debts because he has chosen to pay $800 per month in tuition for his son to attend private school. Clearance denied. CASE NO: 11-03852.h1


Information Technology; Personal Conduct

02/29/2012

Applicant was terminated from one job in January 2006 and from another in July 2009. Applicant has rebutted or mitigated the security concerns under use of information technology systems and personal conduct. Clearance is granted. CASE NO: 11-02847.h1


Financial; Personal Conduct; Alcohol; Criminal Conduct

02/29/2012

Applicant mitigated the security concerns raised by his financial problems. He did not mitigate the concerns raised by his criminal conduct, alcohol consumption, and personal conduct. His request for a security clearance is denied. CASE NO: 11-02320.h1


Financial

02/29/2012

Applicant is 48 years old and employed as a Systems Engineer by a defense contractor. His history of excessive indebtedness caused by a poorly timed real estate investment has been resolved. There is sufficient evidence of financial rehabilitation at this time. Clearance is granted. CASE NO: 11-02257.h1


Financial; Personal Conduct

02/29/2012

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts, and he intentionally provided false information on his Questionnaire for National Security Positions. Clearance is denied. CASE NO: 11-00498.h1


Financial; Personal Conduct; Foreign Preference

02/29/2012

Applicant has not mitigated the security significance of failing to pay or resolve all of his past due debts. He did mitigate the Foreign Preference allegations, and Personal Conduct allegations related to his not filing tax returns. Clearance is denied. CASE NO: 11-00457.h1


Financial

02/29/2012

Applicant became indebted after he lost his full-time job in 2008. He has been supporting himself on unemployment compensation, income from short-term temporary jobs, and IRA distributions. He continues to seek work, but has been able to obtain only short-term temporary employment. He has been unable to pay his mortgage, which represents almost 80 percent of his debt, but he has been in touch with the lender in an effort to obtain a modification. In addition, when Applicant held a permanent job, he was financially solvent. While he was unemployed, he continued to pay his debts in 2009 and to some extent in 2010, by using savings. He has not been irresponsible about his finances. Clearance is granted. CASE NO: 10-10601.h1


Alcohol Consumption

02/29/2012

Applicant failed to mitigate the security concerns caused by his history of excessive alcohol consumption. Clearance is denied. CASE NO: 10-09654.h1


Financial

02/29/2012

Until January 2010, Applicant paid all of his financial accounts in a timely manner. A lack of overtime pay, his separation agreement, and advice from a law firm he employed to address his financial problems resulted in him stopping payments to three credit card companies and, instead, making payments thereafter to the law firm. Actions by the law firm were ineffective and Applicant had to seek bankruptcy protection. In July 2011, the three debts were discharged. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-08477.h1


Alcohol

02/29/2012

Applicant has a history of four alcohol-related offenses over an 11-year period and continues to attend court-imposed AA meetings as a condition of her probation. While she currently practices abstinence and understands her past mistakes, she has never been diagnosed and has some admitted alcoholic tendencies. More time is needed to make safe predictions that Applicant is not at risk to recurrent alcohol-related incidents. Alcohol concerns are not mitigated. Clearance is denied. CASE NO: 10-08098.h1


Financial; Personal Conduct

02/29/2012

Applicant is 51 years old and employed as a Graphic Artist by a defense contractor. Her history of excessive indebtedness caused by living beyond her means and without a budget has recently been addressed. She has filed for Chapter 13 bankruptcy and has made several payments to the trustee. She remains excessively indebted. Her history of rule violations that include taking unauthorized charitable deductions on her taxes and committing time card fraud at work has not been sufficiently mitigated. Clearance is denied. CASE NO: 10-08075.h1


Personal Conduct

02/29/2012

Applicant falsely denied, and failed to disclose, the existence of his foreign-citizen wife and daughter on his security clearance application and during his first security interview. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-07709.h1


Financial

02/29/2012

Applicant has not met his burden to mitigate the financial considerations guideline. He still has unresolved consumer debt from 2007. He has six investment properties that went to foreclosure. While he attempted to remedy the situation or forestall the foreclosures with short sales, he did not have sufficient capital to fund the business venture. He did not produce documentation to mitigate the case. Clearance is denied. CASE NO: 10-06703.h1


Foreign Preference

02/29/2012

Applicant is 57 years old and employed as a Machinist/Programmer by a defense contractor. The Applicant is a dual citizen of the United Kingdom. He has lived in the United States for almost thirty years and only wants to temporarily return to the United Kingdom when his parents pass away. He has given his valid British passport that is good until 2021 to his corporate office for safekeeping. It will only be returned to him upon his termination of employment. Clearance is granted. CASE NO: 10-06218.h1


Information Technology; Personal Conduct

02/29/2012

Applicant engaged in unauthorized computer activity while working for a federal contractor, including using others’ accounts without their knowledge, accessing the Internet during the workday despite prohibitions, placing DoD information on his home computer, retaining controlled DoD property, and attempting to access DoD computers from his home computer. Over 14 years, he illegally downloaded several hundred thousand dollars worth of movies, music, and software from the Internet. Applicant illegally viewed pornographic images of minors. His conduct indicates poor judgment and untrustworthiness. Clearance is denied. CASE NO: 10-04796.h1


Criminal Conduct; Personal Conduct; Financial

02/29/2012

Applicant failed to mitigate the Criminal Conduct, Personal Conduct, and Financial Considerations concern. He has a long track record of criminal conduct, to include stealing Government money and falsifying his security clearance application. He recently had his debts discharged through bankruptcy, but failed to demonstrate that his financial situation is under control. Clearance is denied. CASE NO: 10-02333.h1


Financial

02/29/2012

Applicant is a 42-year-old truck driver for 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: 10-01673.h1


Financial

02/29/2012

Applicant is 44 years old and employed as a Electronic Technician by a defense contractor. His history of excessive indebtedness caused by his irresponsible wife, who was supposed to pay the household bills while he was deployed, and did not, has been resolved. The Applicant has divorced his wife, and filed for Chapter 13 bankruptcy protection. He is working hard to rebuild his credit. There is sufficient evidence of financial rehabilitation at this time. Clearance is granted. CASE NO: 10-00047.h1


Personal Conduct; Information Technology; Financial Considerations

02/29/2012

In 2005, Applicant received a punitive letter of reprimand under non-judicial punishment while serving in the U.S. Navy. He tendered his resignation in lieu of administrative separation and received a general discharge under honorable conditions for “misconduct serious offense.” On a 2006 declaration for federal employment and on a 2008 security clearance questionnaire, he failed to indicate he had left a job by mutual agreement because of specific problems, following misconduct or unsatisfactory performance, or that he had been the subject of disciplinary proceedings under the Uniform Code of Military Justice including non-judicial punishment. He failed to rebut or mitigate the personal conduct security concerns. He rebutted or mitigated the information technology and financial considerations security concerns. Clearance is denied. CASE NO: 09-07118.h1


Financial Considerations

02/29/2012

Between 1992 and 1995, five state tax warrants were filed against Applicant, which totaled approximately $9,500. All the warrants have been paid and released. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-06931.h1


Financial

02/29/2012

Applicant owes nothing on the two alleged past due debts. Clearance is granted. CASE NO: 09-05799.h1


Financial

02/28/2012

Applicant has 14 debts totaling $36,280, as well as a 2007 arrest for failure to appear at a court hearing regarding payment of his daughter’s health insurance. His debts have been accruing since 2004, and he has made no effort to repay his creditors. He attributes his financial problems primarily to poor money management and periods of unemployment. Eligibility for access to classified information is denied. CASE NO: 11-03920.h1


Guideline D; Guideline E

02/28/2012

Any attempt by a Judge independently to investigate allegations would conflict with his or her role as an impartial fact-finder. The Judge’s findings are sustainable. Adverse decision affirmed,


Guideline F

02/28/2012

The Judge’s findings are based on substantial evidence and are sustainable. Adverse decision affirmed.


Guideline B

02/28/2012

Applicant’s argument amounts to an alternative interpretation of the evidence and is not sufficient to demonstrate the Judge erred. Adverse decision affirmed.


Financial

02/27/2012

Applicant works for a defense contractor. She has two delinquent debts totaling $28,125. Her actions to resolve these debts in the past three years resulted in installment payment agreements on which Applicant pays regularly. Applicant mitigated the financial considerations security concerns. Eligibility for a clearance is granted. CASE NO: 10-11199.h1


Foreign Influence

02/27/2012

Applicant works for a defense contractor. His mother and two siblings live in the People’s Republic of China. His parents-in-law and brother-in-law and sister-in-law live and work in the PRC. Applicant’s sister and wife’s siblings are employed by PRC government agencies. Applicant’s brother served three years in a PRC jail for bribery. Applicant did not mitigate the foreign influence security concerns. Eligibility for a clearance is denied. CASE NO: 10-11145.h1


Drugs; Criminal Conduct; Personal Conduct

02/27/2012

Applicant is a 34-year-old employee of a federal contractor. The evidence shows Applicant has a recent history of illegal drug use taking place during the period November 2009 January 2010 when he used marijuana, Ecstasy, LSD (acid), muscle relaxers, and morphine. His drug abuse took place just months before he completed his July 2010 security clearance application, in which he disclosed his drug abuse. Although he has stated that he has no intention to abuse drugs in the future, insufficient time has passed to allow a conclusion that his drug abuse was minor or an aberration. Clearance is denied. CASE NO: 10-10324.h1


Alcohol

02/27/2012

Applicant is 53 years old and has held a security clearance for over 30 years. He admitted that he has abused alcohol since 1975 when he was in college. In early 2010 he participated in a three-month alcohol treatment program and was diagnosed as Alcohol Dependent. He has relapsed and continues to consume alcohol over the recommendations of the treatment program and his primary care physician. He failed to mitigate the concerns raised under alcohol consumption. Clearance is denied.


Financial

02/27/2012

Applicant works for a defense contractor. He has two delinquent debts totaling $43,703. His actions to resolve these debts in the past three years resulted in the settlement of two other significant debts allowing Applicant to devote his funds to making regular payments on these two remaining delinquent accounts. Applicant mitigated the financial considerations security concerns. Eligibility for a clearance is granted. CASE NO: 10-03114.h1


Personal Conduct

02/24/2012

Applicant falsified his time cards with different employers and falsified his security clearance applications on repeated occasions when asked questions about his father's living status. He never disclosed the correct information in ensuing OPM interviews and provided corrected information only when confronted with a polygraph examination. Applicant attributed his misstatements to embarrassment and concerns about jeopardizing his security clearance application. Applicant's explanations are insufficient to mitigate personal conduct concerns. Clearance is denied. CASE NO: 11-05217h.1


Personal Conduct

02/24/2012

Applicant is a 22-year-old employee of a federal contractor. The evidence shows that Applicant was cited or charged with multiple traffic offenses (speeding, equipment violations, etc.) during 2005 2011, the first six years he possessed a driver's license, and one domestic violence in 2009. Five of the traffic offenses were concluded by a finding of not guilty or a dismissal, two concluded with dismissals in part, and eight concluded with findings of guilty and fines. The domestic violence offense was dismissed at the prosecution's request. He has a valid driver's license, which has never been suspended or revoked. He is well regarded at his place of employment, and has the support of several mature adults who vouch for his trustworthiness. Clearance is granted. CASE NO: 11-03397


Financial

02/24/2012

Applicant is a 63-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from her delinquent debts and her failure to file her 2010 federal income tax return. Clearance is denied. CASE NO: 11-03268.h1


Financial

02/24/2012

Applicant failed to mitigate the security concerns raised by his over $100,000 delinquent debts—none of which had been addressed. Clearance denied.


Financial

02/24/2012

Applicant has 12 debts involving 13 separate real estate investment properties. As a result of the declining real estate market, he made a business decision to stop making payments on all 13 properties in 2007. The lender foreclosed on eight of the properties and charged off the remaining five properties. Applicant continues to receive rent for those five properties; however, he has not attempted to settle with the lender. Clearance is denied. CASE NO: 11-00542


Drug Involvement; Alcohol Consumption; Personal Conduct

02/24/2012

Applicant's maturation in tandem with the amount of time that has elapsed since he last abused drugs or alcohol is sufficient to mitigate the security concerns. Clearance is granted. CASE NO: 10-10782.h1


Financial

02/24/2012

Applicant’s SOR alleged five debts consisting of four collection accounts and one charged-off account. He ran into financial difficulty after going through two periods of unemployment and fell behind on his bills. In particular, he accrued $16,120 in child support arrearages. Applicant has paid or settled four of the five debts and is on a payment plan and is current with regard to his child support arrearages. Eligibility for access to classified information is granted. CASE NO: 10-07533.h1


Foreign Influence

02/24/2012

Applicant is 44 years old, married to his second wife, and has four children from his first marriage. He worked for a defense contractor as a translator. Applicant made statements in the past indicating he was a security risk. Applicant did not mitigate the foreign influence security concern. Clearance is denied. CASE NO: 10-06842.h1


Financial

02/24/2012

Applicant works for a defense contractor. She has twelve delinquent debts totaling $35,264. Applicant entered an installment payment agreement with a commercial debt management firm on which Applicant pays regularly. Applicant mitigated the financial considerations security concerns. Eligibility for a clearance is granted. CASE NO: 10-03924.h1


Financial Considerations

02/23/2012

During an interview on January 19, 2011, Applicant acknowledged individual responsibility for several of the accounts listed in the SOR. He did not recognize the other accounts. Next, he stated that since he has a better paying job, he would contact the creditors and make arrangements to repay the delinquent debts. Applicant has not provided any evidence to substantiate his stated intention to contact the creditors and repay the debt. Eligibility for access to classified information is denied.


Financial

02/23/2012

Applicant has 13 debts totaling $50,460 that consisted of consumer debts, unpaid medical co-pays, a judgment, and a vehicle repossession. He ran into financial difficulty after going through two divorces, his current wife being unemployed for 10 months, and more recently him being unemployed. Throughout these difficulties, Applicant has paid or settled six debts and made a partial payment on one debt. He has stayed in touch with a majority of his creditors throughout this process and sought financial counseling. Eligibility for access to classified information is granted. CASE NO: 11-01467.h1


Financial

02/23/2012

Applicant’s statement of reasons (SOR) lists 12 debts, totaling $26,089. She provided insufficient evidence that she has acted responsibly on 10 of 12 of her SOR debts, totaling $24,954, and there is no consistent track record of payments to her SOR creditors. She intentionally provided false information on her October 2, 2009, Questionnaire for Public Trust Positions concerning her delinquent debts. Financial considerations and personal conduct concerns are not mitigated. Access to sensitive information is denied. CASE NO: 11-01464.h1


Criminal Conduct

02/23/2012

In 2010, Applicant was convicted of petty larceny, a misdemeanor. He does not take responsibility for the underlying criminal conduct. Clearance is denied. CASE NO. 11-00135.h1


Financial

02/23/2012

Applicant failed to mitigate the security concerns raised by his over $78,000 in delinquent debt—none of which had been addressed. Clearance denied.


Personal Conduct

02/23/2012

The Government failed to establish that Applicant deliberately falsified clearance applications in April and August 2009, and failed to establish that the other alleged conduct raised security concerns that warranted denial of Applicant's clearance application. Clearance granted.


Drugs; Personal Conduct

02/23/2012

Applicant is 25 years old. He was granted a confidential and later a secret security clearance while he was working as an intern during college. He used marijuana and prescription drugs that were not prescribed to him. Applicant was untruthful to a government investigator when he was interviewed. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-09016.h1


Psychological

02/23/2012

Applicant has mitigated the security concerns under this guideline. His diagnosis for anxiety, depression, and delusions is in remission. He has excellent work performance. He is under the care of a treating psychiatrist who states his prognosis is good. Applicant's expert witness at the hearing also concurs. The government psychologist agrees that the prognosis is good. Clearance is granted. CASE NO: 08-09036


Foreign Influence

02/22/2012

Applicant, a native of Venezuela, lived in the United States with her family from age 11 to age 17. She moved to the United States on her own at age 21 in April 2000. In June 2006, she became a naturalized U.S. citizen. Her immediate family members, including her parents, are resident citizens of Venezuela, a country with human rights problems under an avowedly anti-American government. Applicant’s ties to the United States are not so deep and longstanding to overcome the foreign influence concerns. Clearance denied. CASE NO: 11-01881.h1


Drugs; Personal Conduct

02/22/2012

Applicant abused marijuana from 2000 through August 2010. He purchased the illegal drug for his personal consumption, and he also sold the drug to friends. Applicant falsified his August 2010 security clearance application and a February 2010 interview by denying any use of marijuana after May 2010. Applicant no longer intends to use any illegal drug in the future, but it is too soon to conclude that his drug abuse is safely in the past. Personal conduct concerns are also not fully mitigated. Clearance denied. CASE NO: 11-01451.h1


FINANCIAL

02/22/2012

Applicant did not file his federal income tax returns on time for tax years 2004 through 2009. He has since filed his delinquent returns, and through payments and IRS interception of refunds, reduced his federal income tax debt from $10,791 to $2,293.80 as of late September 2011. Applicant is repaying his $463 in other past-due balances as of late August 2011. Clearance granted. CASE NO: 10-06123.h1


Handling Protected Information; Personal Conduct

02/21/2012

While on duty conducting threat vulnerability assessments for the United States military in June 2004, Applicant lost a notebook containing sensitive information, which he surmises may have been taken by a Russian woman, with whom he engaged in sexual activities in his hotel room. Applicant did not report the loss of the notebook until after he was administered a polygraph examination in January 2009. His exercise of extremely poor judgment is not fully mitigated despite the passage of time. Clearance denied. CASE NO: 11-05079.h1


Financial

02/21/2012

Applicant is 63 years old. She failed to file her federal income tax returns for four consecutive years. She failed to pay her federal income taxes on time and they remained delinquent until her security clearance was in jeopardy. Applicant failed to mitigate the security concerns under Guideline F. Clearance is denied. CASE NO: 11-00181.h1


Financial

02/21/2012

Applicant's financial difficulties were caused by circumstances beyond her control. Currently, she is satisfying her delinquencies consistent with a payment plan, and she has ample disposable income to continue adhering to the payment plan. Clearance is granted. CASE NO: 11-00070.h1


Foreign Influence; Financial

02/21/2012

Applicant is 51 years old. He accrued numerous delinquent debts when he moved to help his aging parents and he began a business venture with his brother that eventually failed. Since 2009, he has had a payment plan and has actively reduced his delinquent debt. He has two remaining debts that he anticipates being completely resolved within the next ten months. Applicant met his Russian wife on the Internet in September 2005, and they married in May 2007. Before he and his wife married they visited each other in person one time for two weeks. His wife has a daughter and they both are permanent residents of the United States and Russian citizens. Applicant’s mother-in-law is a citizen and resident of Russia. Applicant mitigated the Financial Considerations security concerns under Guideline F, but failed to mitigate the Foreign Influence security concerns under Guideline B. Clearance is denied. CASE NO: 10-09240.h1


Personal Conduct; Foreign Influence

02/17/2012

Applicant deliberately falsified two security clearance applications to hide his illegal, pre-service drug involvement. Additionally, he gave false and deceiving statements to two background investigators in 2007 and 2010. Moreover, while holding a top secret clearance, he failed to timely report an unauthorized intimate relationship with a foreign national. Clearance is denied. CASE NO: 11-04134.h1


Personal Conduct

02/17/2012

Although the Government established that Applicant researched techniques for influencing polygraph results, the Government failed to establish that Applicant used those techniques during his February 2009 polygraph. Applicant established that he found the materials he reviewed to be useless. Clearance granted.


Guideline F; Guideline E

02/17/2012

The Judge’s finding that Applicant deliberately omitted his federal income liens from his security clearance application is sustainable. Adverse decision affirmed.


Guideline F; Guideline e

02/17/2012

The Judge’s questioning of Applicant was at times gratuitous, argumentative and harsh. However, a review of the Judge’s handling of the case as a whole does not lead the Board to conclude that the Judge evidenced bias. Adverse decision affirmed.


Guideline F, Guideline e

02/17/2012

The Judge’s challenged findings are supported by substantial record evidence. Adverse decision affirmed.


Guideline F

02/16/2012

The cited evidence, a payment agreement, does not demonstrate that Applicant actually made the payments. Adverse decision affirmed.


Drugs; Personal Conduct

02/16/2012

Applicant is a 55-year-old employee of a defense contractor. He used illegal drugs while holding a security clearance. He provided false information about his drug use to a government investigator, but he called the investigator the same day and corrected the information. He mitigated the concerns related to his false statement, but he has not mitigated the drug involvement and personal conduct security concerns related to his illegal drug use. Clearance is denied. CASE NO: 10-09634.h1


Guideline F

02/16/2012

Applicant offers an alternative interpretation of the evidence, but it is not sufficient to rebut the presumption that the Judge considered all the evidence. Adverse decision affirmed.


Drugs

02/16/2012

Applicant is 29 years old. He used cocaine from 1999 to 2003 and marijuana from 1999 to 2006. He purchased these drugs during that time period. Applicant has abstained from all illegal drug use since September 2006. Applicant mitigated the security concerns under Guideline H, Drug Involvement. Clearance is granted. CASE NO: 10-00942.h1


Personal Conduct

02/16/2012

Applicant received nonjudicial punishment in February 1996, while on active duty in the Army, for pointing a loaded pistol at another service member. Based on this incident, he was administratively discharged for unsatisfactory performance in July 1996. His security clearance was revoked in March 1997 for the same incident, but he did not disclose the revocation on his security clearance application in April 2007, because he was never notified of it. Clearance is granted. CASE NO: 09-04458.h1


Personal Conduct

02/14/2012

Applicant falsified his application for a public trust position in July 2008 and his application for a security clearance in November 2008, by intentionally failing to disclose prior drug use. Both applications were in connection with summer intern positions while Applicant was a college student. After graduating from college, he submitted a security clearance application in August 2010 and disclosed his prior drug use. Security concerns raised by his falsifications are mitigated. Clearance is granted. CASE NO: 11-03050.h1


Financial

02/14/2012

Applicant's failure to address any of his $21,000 delinquent debt renders him an unsuitable candidate for access to classified information. Clearance denied.


Financial

02/14/2012

Applicant is a 54-year-old employee of a defense contractor. He has not filed Federal or State income taxes since 2003. In addition, he has failed to address any of his delinquent debts. Applicant has not mitigated Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:10-09099.h1


Financial Considerations

02/13/2012

Applicant has $174,856 in unresolved delinquent debt, including $143,000 in unpaid federal obligations and $18,247 in unpaid state taxes. Furthermore, he willfully failed to file his federal and state income tax returns between 2005 and 2009. Clearance is denied. CASE NO. 11-09584.h1


Alcohol, Financial

02/13/2012

Applicant owes approximately $29,000 for 13 delinquent debts. He made some attempt regarding his debt by setting up a payment plan for one debt, and calling a consumer credit agency, after receiving the Government’s FORM. Several debts are being paid by garnishment of his wages. In 2005 and 2009, he was convicted of driving while intoxicated. He continues to consume alcohol and intends to do so in the future. Clearance is denied.


Financial

02/13/2012

Applicant has had a history of overdue debts, due in part to his pending divorce and the downturn in home values. He first attempted to use the services of a debt consolidation company, and when that was unsuccessful because the company went out of business, he engaged the services of an attorney to file bankruptcy. Based on his bankruptcy attorney's representation, he has taken the required financial management course, and all of his debts should be discharged in bankruptcy. His future finances should be stable. Mitigation has been shown. Clearance is granted.


Foreign Influence

02/13/2012

Applicant is a naturalized U.S. citizen originally from Jordan. Although Applicant has several relatives who are citizens and residents of Jordan, his life is firmly rooted in the United States. Accordingly, he is expected to resolve any conflict of interest in favor of the United States. Clearance is granted. CASE NO. 11-01209.h1


Foreign Influence; Foreign Preference

2/13/2012

Applicant was born in Iraq in 1970, moved to the United States in 1993,and became a United States citizen in 2001. He is now a dual citizen of the United States and Iraq, and has never renounced or attempted to renounce his foreign citizenship. Since 2004, he has lived and worked in Kuwait. All of Applicant's relatives, including his wife, mother, and siblings, are citizens and residents of either Iraq or Kuwait. He has no relatives in the United States. He has significantly more assets outside of the United States than in it. Mitigation has not been shown. Clearance is denied


Financial

02/13/2012

Applicant failed to mitigate the security concerns raised by his $81,000 delinquent debt, none of which had been addressed. Clearance denied.


Financial

02/13/2012

Applicant has failed to address her significant admitted past due debts. Clearance is denied. CASE NO: 11-00443.h1


Alcohol

02/13/2012

Applicant's alcohol abuse resulted in two convictions, one in 1999 for DUI plus Corporal Injury to Spouse and/or Roommate, and the other for a 2010 DUI. A pattern of alcohol abuse was not established because of the span of 11 years between alcohol related incidents. Based on Applicant's credible testimony that he would never again drive after consuming alcohol, plus the strong recommendations from people who know him well, mitigation has been shown. Clearance is granted.


Foreign Influence

2/13/2012

Applicant was born in Afghanistan in 1975. He has only lived in the United States since 2005, and became a naturalized United States citizen in 2009. While Applicant's wife and three children are United States citizens and residents, Applicant still has a significant relationship with his mother and stepbrother, who are citizens and residents in Afghanistan, and whom he visited in Afghanistan in 2006 and 2010. Applicant has no appreciable assets in the United States. Mitigation has not been shown. Clearance is denied


Alcohol

02/13/2012

Applicant's alcohol abuse resulted in two DUI convictions in 2004 and 2008. Based on Applicant's credible testimony that he would never again drive after consuming alcohol, plus the strong recommendations both in testimony and letter from people who know him well, and the favorable report of an examining psychologist, mitigation has been shown. Clearance is granted.


Foreign Influence

02/10/2012

Applicant is a 53-year-old employee of a federal contractor. The evidence shows Applicant has family ties or connections to Iran, his country of birth, which he left in 1979 at the age of 21 and to which he has not returned. Applicant presented sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted. CASE NO: 11-03503.h1


Financial

02/10/2012

After suffering disabling injuries in a car accident, Applicant was unemployed from July 2004 to October 2005 and July 2006 to May 2007. He filed Chapter bankruptcy petitions in October 2005 and May 2006, but both were dismissed because he failed to timely file his federal and state income tax returns. He has not addressed or resolved most of the debts included in his bankruptcy petitions. Clearance is denied. CASE NO: 11-02528.h1


Financial

02/10/2012

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


Guideline F

02/10/2012

Adverse information from a credit report can normally meet the substantial evidence standard and the government’s obligations’ under the Directive ¶ E3.1.14 for pertinent allegations. Adverse decision affirmed.


Drugs; Personal Conduct

02/10/2012

Applicant's changed circumstances and the passage of time are sufficient to mitigate the security concerns raised by his use of marijuana and his deliberate falsification of a security clearance application. Applicant's request for a security clearance is granted. CASE NO: 10-08310.h1


Financial

02/10/2012

Applicant and her spouse owe a foreclosure judgment of $128,952.69 after they defaulted on the primary mortgage for their previous residence in 2008. Applicant also defaulted on a second mortgage balance of $26,518. They recently proposed settlement offers through their attorney, which have not been accepted by their creditors as of January 2012. Applicant also violated the terms of a credit card provided by a previous employer, and she made no effort to repay a $1,565 delinquent balance. Clearance denied. CASE NO: 10-00953.h1


Financial

02/09/2012

Applicant has 17 debts totaling $23,000 consisting of nine consumer debts and eight unpaid medical co-pays. She ran into financial difficulty after going through a separation and divorce. Her financial situation became further exacerbated when her former husband failed to pay child support for their three children consistent with his income. Applicant’s child support arrearages with her former husband have been addressed and all of her debts are being repaid through a debt consolidation plan. Eligibility for access to classified information is granted. CASE NO: 11-03176.h1


Financial Considerations

02/09/2012

Applicant has approximately $54,000 in unresolved delinquent debt. Clearance is denied. CASE NO. 11-02154.h1


Guideline F

02/09/2012

Federal agencies are entitled to a presumption of good faith and regularity. The Judge’s findings of fact were supported by the record evidence. Even if a debt is not enforceable, a Judge may consider the underlying circumstances in evaluating an applicant’s case for mitigation. The record does not support Applicant’s contention that the Judge denied him the opportunity to present evidence. Adverse decision affirmed. CASE NO: 10-11076


Alcohol

02/09/2012

Applicant did not mitigate the alcohol consumption security concerns. Eligibility for access to classified information is denied. CASE NO: 10-09217.h1


Financial

02/09/2012

Applicant is a 42-year-old employee of a defense contractor. He is alleged to have a history of indebtedness including ten debts in the approximate amount of $190,205, 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. Eligibility for access to classified information is granted. CASE NO: 10-06552.h1


Financial; Foreign Influence

02/09/2012

Applicant is a 45-year-old employee of a defense contractor. He has a wife, two brothers, two sisters, a brother-in-law, a mother-in-law, and three friends who are citizens and residents of South Korea. His foreign family members and friends raised a security concern under Foreign Influence. He failed to mitigate the Foreign Influence security concerns. He is also alleged to have a history of indebtedness, including four debts in the approximate amount of $80,777, raising security concerns under Financial Considerations. Applicant mitigated the Financial Considerations security concerns by showing that the debts were due to identity theft and that he has been disputing the accounts. Eligibility for access to classified information is denied. CASE NO: 10-02268.h1


Financial

02/09/2012

Applicant did not mitigate security concerns raised under the financial considerations concern. Clearance is denied. CASE NO: 10-01736.h1


Guideline F; Guideline E

02/09/2012

There is no presumption of error by a Judge, and a party’s ability to argument for a different interpretation of the evidence is not sufficient to demonstrate error. Adverse decision affirmed. CASE NO: 10-00354.a1


Personal Conduct, Financial, Alcohol, Criminal Conduct

02/07/2012

Applicant is 57 years old. He has been arrested at least five times for alcohol-related offenses. He continues to consume alcohol. He has approximately 11 other arrests and charges for other criminal activity over a 19-year period. His last arrest and charge was in 2010. Applicant has numerous delinquent debts, including federal and state tax liens that are unpaid. Applicant deliberately failed to disclose pertinent information on his security clearance application. Applicant failed to mitigate the security concerns under Guidelines E, Personal Conduct; F, Financial Considerations; G, Alcohol Consumption; and J, Criminal Conduct. Clearance is denied. CASE NO: 11-00721.h1


Financial

02/06/2012

Applicant has addressed all of the alleged past due debts. Clearance is granted. CASE NO: 11-03668.h1


Financial

02/06/2012

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-09039.h1


Drugs; Personal Conduct

02/06/2012

Applicant has a long history of illegal drug use (albeit intermittent) spanning 26 years. His most recent use of an illegal drug (marijuana) was in September 2009. Notwithstanding, he maintains daily association with his illegal drug-using friends. His overall behavior shows a lack of judgment and unwillingness to obey laws, rules, and regulations. Clearance is denied. CASE NO: 10-04815.h1


Guideline F

02/06/2012

The record discloses no basis to conclude that Applicant was denied the rights due him under the Directive or that he had not been advised of those rights. The record supports the Judge’s conclusion that the disqualifying conduct under Guideline F was not mitigated. Adverse decision affirmed.


Guideline F

02/06/2012

The Judge noted Applicant’s medical problems and family issues which affected her debt situation and which were circumstances beyond her control. However, the Judge also concluded that Applicant did not submit sufficient evidence of responsible management over the years the indebtedness accrued. The Judge’s conclusion is supported by the record evidence. The impact an unfavorable decision may have on an applicant is not a relevant or material consideration in evaluating his or her security clearance eligibility. Adverse decision affirmed.


Financial; Personal Conduct

02/06/2012

For several years, Applicant, a licensed attorney in private law practice, lived beyond his means. He acquired many consumer debts, which became delinquent, and, in addition, several federal tax liens were filed against him. In order to maintain his lifestyle and pay his delinquent debts, Applicant acquired funds through deceptive and illegal practices. While he stated in his Answer to the Statement of Reasons that he was paying his consumer debts, Applicant failed to provide documentation to corroborate his statements. While he provided documentation to show payment on his federal tax liens through December 2010, he failed to provide documentation to corroborate payments after December 2010. Applicant failed to mitigate security concerns under the financial considerations and personal conduct adjudicative guidelines and the whole-person concept. Eligibility for a security clearance is denied. CASE NO: 09-07448.h1


Financial

02/03/2012

Applicant's failure to deal responsibly with his debts, or to corroborate the claimed status of his delinquent accounts, renders him an unsuitable candidate for access to classified information. Clearance denied.


Foreign Influence

02/03/2012

Applicant was born in Pakistan, and came to the United States in 1994 at age 13. He and his parents are naturalized U.S. citizens. His wife is a citizen of Pakistan residing with him in the United States. Her mother, father, sisters, and brothers are citizens and residents of Pakistan. Applicant has mitigated the trustworthiness concerns based on foreign influence. Eligibility for a public trust position is granted. CASE NO: 11-03459.h1


Financial

02/03/2012

Applicant mitigated the security concerns raised by his financial difficulties by obtaining employment that allowed him to resolve 13 of the 16 SOR debts by the time of his response to the FORM, and which left him positioned to pay the remaining three debts by the end of 2011. Clearance granted.


Guideline F

02/03/2012

Applicant asserts, with documentary support, that he took all steps to ensure that the documents attached to his appeal brief were timely submitted to the Judge, but the documents did not make it into the record. We remand the case to the Judge to consider the documents and to issue a new decision. Adverse decision remanded.


Guideline F; Guideline E

02/03/2012

The section Applicant cites from the summary of interview was a summary of Applicant’s statement to the interviewer. It was not the interviewer’s opinion of Applicant. Adverse decision affirmed.


Financial

02/03/2012

Applicant was discharged of his debts in 2002, but recently accrued numerous additional debts, most of which remain unpaid. Applicant did not corroborate various claims of payment arrangements, and he did not begin addressing his delinquencies until after the Government issued the SOR. Applicant's request for a security clearance is denied. CASE NO: 10-07119.h1


Guideline F

02/03/2012

The Appeal Board’s authority is limited. Adverse decision affirmed.


Guideline F

02/03/2012

Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Financial

02/02/2012

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-11158.h1


Financial

02/02/2012

Applicant works for a defense contractor. She has 11 delinquent debts totaling $31,911. Applicant’s financial problems have been ongoing since 2004. She admitted she was financially ignorant. Applicant has now resolved all but two debts by payments, settlement, or installment payment agreements. The maximum delinquent debts on the SOR possibly not paid are $263. Applicant mitigated the financial considerations security concerns. Eligibility for a clearance is granted. CASE NO: 10-10690.h1


Drugs; Personal Conduct

02/02/2012

Applicant illegally used drugs from 1985 until December 2009. He used drugs after he was employed by a government contractor in December 2006, and after he was granted a security clearance. Moreover, he deliberately falsified his security clearance application (SCA) when he failed to disclose his illegal marijuana use during the seven years preceding his SCA. Clearance is denied. CASE NO: 10-10121.h1


Personal Conduct; Foreign Influence; Foreign Preference

02/01/2012

Security concerns are raised under the guidelines for Personal Conduct and Foreign Influence. The allegations pertain to Applicant’s Columbian citizenship; her associations with her siblings who are citizens of Columbia; and Applicant’s falsification and poor judgment with respect to her sister who resides in the United States illegally. Foreign Preference concerns were not established. Clearance is denied. CASE NO: 10-07937.h1


Financial Considerations

02/01/2012

Although the events causing his financial problems were beyond his control, Applicant has over $197,000 in unresolved federal tax liens. Clearance is denied. CASE NO. 10-04060.h1


Financial; Personal Conduct

02/01/2012

Applicant has addressed all of the alleged past due debts through the protection of a Chapter 7 Bankruptcy, but he was less than candid with the Government as to their existence when he executed his e-QIP. Clearance is denied. CASE NO: 09-08360.h1


Financial; Personal Conduct; Use of Information Technology Systems

02/01/2012

Applicant mitigated the financial considerations and information technology security concerns, but failed to mitigate the personal conduct security concern. Clearance is denied. CASE NO:07-16653.h1


Foreign Influence

01/31/2012

Applicant's uncle in Afghanistan is a high ranking official in the Afghan government. She has not seen him in 12 years. Applicant's immediate family are U.S. citizens and reside in the United States. Applicant is a naturalized citizen, who has lived in the United States since 1979. She is a linguist working in Afghanistan for the U.S. military. She has mitigated the foreign influence security concern. Eligibility for a security clearance is granted. CASE NO: 11-06774.h1


Foreign Influence

01/31/2012

Applicant, a naturalized U.S. citizen, was granted asylum in 1982 after escaping his native Vietnam. His mother, sisters, extended family members, and friends are citizens and residents of that country. Having spent his adult life in the United States, Applicant has developed such significant relationships and financial interests that he can be expected to resolve any conflict of interest in favor of the United States. Clearance is granted. CASE NO. 11-04413.h1


Foreign Influence

01/31/2012

Applicant has mitigated the security concerns under the foreign influence guideline. Applicant is a naturalized citizen of the United States. He has a U.S. wife and children who reside with him in the United States. The Government conceded that his native country, Mauritania, does not pose a heightened risk. Applicant's mother, brothers and sisters, and an adult child live in Mauritania. As to any potential conflict of interest, Applicant would resolve the issue in favor of the United States due to his family and professional ties. Clearance is granted. CASE NO:11-03879.h1


Drugs

01/31/2012

Applicant is long-term illegal drug user who twice failed his rehabilitation efforts. He used marijuana while working for a defense contractor. He used marijuana after he was served with the SOR and weeks before his security clearance hearing. He is living with his illegal drug provider and he continues to associate with illegal drug-using friends, including his girlfriend. His recent behavior casts serious doubt on his reliability, judgment, and ability to comply with the law. Clearance is denied. CASE NO: 11-03405.h1


Financial Considerations

01/31/2012

Applicant has paid $3,200 on the more than $18,000 in charged-off and collection accounts she had owed. It is her intent to obtain employment so that she can pay her remaining debts and make a better life for herself and her children. She has made progress on addressing her debts and has a job offer that would allow her to pay the remaining debt. Applicant has rebutted or mitigated financial considerations security concerns. Clearance is granted. CASE NO: 11-01992.h1


Financial Considerations

01/31/2012

The SOR alleges that Applicant owes approximately $63,500 in delinquent debt to 15 creditors. Applicant’s delinquent debt resulted from events beyond her control. She is currently participating in a student loan rehabilitation program and has resolved the delinquent accounts with her remaining 14 creditors. Clearance is granted. CASE NO. 11-00713.h1


Financial

01/31/2012

Applicant is a 31-year-old employee of a defense contractor. He had periods of unemployment and underemployment after he was honorably discharged from the military in 2005. He has his finances back in order and has a plan to address his delinquent debts. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-00539.h1


Financial

01/31/2012

Applicant failed to mitigate the Financial Considerations concern. He owes over $21,000 on four judgments and two other past-due debts that date back several years. He recently started to address his overdue debts, but it is too early to say that his financial situation is under control. Clearance is denied. CASE NO: 10-10384.h1


Financial, Personal Conduct

01/31/2012

Applicant owes more than $27,000 in defaulted student loans. His mother was initially paying the loans, but since 2003, they have become delinquent. Despite being aware of them since at least 2006, and earning a good salary since 2008, he did not begin paying on the loans until a few months before the hearing. Applicant also failed to disclose any financial issues on his 2010 security clearance application. Clearance is denied. CASE NO: 10-09735.h1


Financial

01/31/2012

For several years, Applicant could not keep up with his debts. His situation has changed: he no longer owes child support, and his income has improved significantly. He has adhered to a strict budget since 2010, all his current bills are paid timely, and he has hired a credit repair company, which has succeeded in having inaccuracies deleted from his credit report. He has paid numerous debts in the past year and a half, including two in the SOR. He is working on resolving the largest debt, a mortgage loan. He has made good-faith efforts to resolve his debts. Clearance is granted. CASE NO: 10-05272.h1


Financial; Personal Conduct

01/31/2012

Applicant has had financial problems since at least December 2001. He answered all the financial questions on his security clearance application in the negative, but he disclosed his delinquent home mortgage. He has paid or made payment agreements for some of his delinquent debts, but his financial situation is still precarious, and he has not yet established a track record of compliance with his payment agreements. He refuted the allegation that he intentionally failed to disclose his delinquent debts on his security clearance application, but he has not mitigated the security concerns raised by his financial problems. Clearance is denied. CASE NO: 10-04675.h1


Foreign Influence; Foreign Preference

01/31/2012

Applicant, a naturalized U.S. citizen, maintains dual citizenship with Russia. Concerned about the repercussions to himself and his family members who still reside in Russia, he is unwilling to surrender his Russian passport or renounce his Russian citizenship. Clearance is denied. CASE NO. 09-08047.h1


Financial

01/31/2012

Applicant is a 54-year-old employee of a defense contractor. He was financially secure before a series of illnesses and deaths in his family. He has his finances back in order and has a plan to address his delinquent debts. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 09-07587.h1


Financial; Criminal Conduct; Personal Conduct

01/30/2012

Applicant has delinquent debt totaling approximately $37,000. He has not paid any of his delinquent debts, nor did he submit information concerning a repayment plan. He has a felony conviction from 2005 and is still on probation. He has a conviction from 2007 for theft. He has not provided any information concerning his rehabilitation. I have doubts about his trustworthiness. Eligibility for a security clearance is denied. CASE NO: 10-10419.h1


Financial; Personal Conduct

01/30/2012

Applicant's failure to file state and Federal income tax returns as required from 2002 to 2009, and his unreasonable failure to sign an IRS release for tax records in April 2010, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

01/27/2012

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 11-03370.h1


Financial Considerations

01/27/2012

Applicant primary residence and four investment properties went to either foreclosure or short sale. The majority of the debt on the properties has been released or cancelled. However, a security concern remains as to additional delinquent obligations, totaling in excess of $73,000. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 11-03300.h1


Foreign Preference

01/27/2012

Applicant is a 57-year-old employee of a federal contractor. The evidence shows that Applicant is a dual citizen of the United States and Poland. He left Poland in 1981, and was subsequently granted political asylum and allowed to immigrate to the United States. He became a naturalized U.S. citizen in 1992. He has been continuously employed since at least 1983, and he has worked for the same company since 1986. He obtained a Polish passport in 2000, and he used it to facilitate a purchase of a house in Poland in 2003. He made the purchase to provide rent-free housing for his unemployed brother, although Applicant stays in the house when he travels to Poland to visit his elderly mother. His Polish passport was destroyed in October 2010, he does not intend to obtain another, and he has expressed a willingness to renounce dual citizenship. He also has a bank account in Poland with a modest balance that he uses when he is in Poland. There is sufficient evidence to explain, extenuate, or mitigate foreign preference security concerns. Clearance is granted. CASE NO: 11-02650.h1


Financial

01/27/2012

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 delinquent debts. Clearance is denied. CASE NO: 11-01455.h2


Guideline C; Guideline B

01/27/2012

There is no right to reconsideration. Motion denied. Adverse decision affirmed.


Financial

01/27/2012

Applicant’s unresolved financial delinquencies totaled approximately $65,655. He had no plan in place to resolve his delinquent debts. Applicant failed to mitigate security concerns resulting from his financial delinquencies. Clearance is denied. CASE NO: 10-09907. h1


Financial

01/27/2012

Applicant’s statement of reasons (SOR) alleges eight delinquent debts, totaling $19,288. Applicant’s financial problems were caused by his two divorces, and over three years of unemployment or underemployment. Before he became unemployed, his debts were paid, and he showed he was financially responsible. Once he secured employment in 2011, he showed excellent self-discipline and good judgment by paying about $7,000 to his SOR creditors. Financial considerations concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 10-09607.h1


Guideline C; Guideline B

01/27/2012

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


Financial

01/27/2012

Applicant had four debts -- a home foreclosure with a balance of $246,000 and three small consumer debts. He paid the three consumer debts. However, after making a good-faith attempt to settle with his lender over deceptive refinancing and foreclosure practices, Applicant retained counsel to pursue his dispute with his lender. Results of this dispute are pending. Eligibility for access to classified information is granted. CASE NO: 10-06392.h1


Personal Conduct

01/27/2012

Applicant served in the military for 9 years, and held a security clearance without incident for 25 years. He believes he was unjustly terminated from a position. When he completed a security clearance application in 2009, he listed “laid off” instead of terminated. Applicant has informed his supervisors, FSOs, coworkers, and his wife of his action. He has not engaged in similar activity in the past three years. His superiors indicate he has been a trusted and reliable worker and has performed at a high level in his current job. Given his long history without security violations, his sincere remorse, and the serious consequences that have resulted from his action, he is unlikely to engage in such conduct in the future. Clearance is granted. CASE NO: 10-03886.h1


Financial

01/27/2012

Applicant had three debts consisting of a state tax lien in the amount of $45,038, a cell phone bill in the amount of $1,550, and former home owner’s insurance company bill in the amount of $174. He successfully disputed the tax lien demonstrating that it was issued in error, he settled and paid his cell phone bill for a lesser amount, and he paid his former home owner’s insurance company bill in full. Eligibility for access to classified information is granted. CASE NO: 10-00793.h1


Criminal Conduct; Personal Conduct

01/27/2012

Between 1991 and 1993, Applicant was found guilty of six offenses that resulted in him being sent to prison. Since his release from prison, he has been gainfully employed. When he completed a security clearance questionnaire, he listed some of his convictions, including the most serious and recent criminal conduct, but not all of his convictions. His five delinquent accounts have been paid. Applicant has rebutted or mitigated the security concerns under criminal conduct, personal conduct, and financial considerations. Clearance is granted. CASE NO: 09-03022.h1


Foreign Influence

01/27/2012

Applicant mitigated the Foreign Influence concern raised by his familial ties to Pakistan. He has been working as a Government contractor in Afghanistan for nearly seven years. His efforts have directly saved the lives of U.S. and NATO troops. He has come under enemy fire, and he continues to place his life at risk in support of the vital U.S. national security interests in Afghanistan. Clearance is granted. CASE NO: 08-06795.h1


Personal Conduct

01/26/2012

Applicant did not mitigate security concerns related to her illegal drug abuse while possessing a security clearance. Clearance is denied. CASE NO: 11-03507.h1


Financial; Personal Conduct

01/26/2012

Applicant failed to timely file Federal tax returns for the years 2005, 2006, 2007, 2008, and 2009. He very recently paid his tax obligations for 2005 and 2006, but has not established a repayment plan for the remaining tax years. He also failed to pay a debt that has been delinquent since 2007. He deliberately falsified his Security Clearance Application by failing to disclose that he had not filed his 2007, 2008, or 2009 Federal tax returns or paid outstanding taxes, which constituted a violation of federal law. He failed to mitigate the security concerns raised under Guidelines F and E. Clearance is denied.


Foreign Influence; Foreign Preference

01/26/2012

Applicant is in contact with two siblings in Taiwan a few times per year. He has been in the United States since 1986. He is a U.S. citizen, and his wife is a lawful permanent resident of the United States. He owns a home in the United States and has substantial investments here. His ties in the United States are more significant than his ties to Taiwan. Applicant possessed a foreign passport and used it to travel to Taiwan, after he had become a U.S. citizen, unaware that doing so posed a security concern. He has surrendered his passport to his security officer. Clearance is granted. CASE NO: 11-00481.h1


Guideline E; Guideline F

01/26/2012

Applicant violated a trust by misappropriating funds from an employee golf association. Adverse decision affirmed


Financial

01/26/2012

Applicant had three debts stemming from a home foreclosure – a mortgage, a home equity line of credit, and home owner’s association dues. The foreclosure proceeds have satisfied the mortgage and Applicant has paid the home owner’s association dues. Although Applicant is not obligated to repay the home equity line of credit under applicable state law, he is nonetheless actively negotiating a settlement with the creditor. Applicant’s documented efforts to remain in contact with his creditors demonstrate his good-faith during the entire process. Eligibility for access to classified information is granted. CASE NO: 10-09069.h1


Financial

01/26/2012

Applicant had two debts consisting of a first and second mortgage on his home. He fell behind on his payments following an expensive separation and pending divorce. He actively tried to avoid foreclosure; however, he did not have the income to pay his estranged wife spousal and child support as well as attorney fees. With his lender’s approval, he sold his home as a short sale and was released from further financial obligation. Eligibility for access to classified information is granted. CASE NO: 10-09061.h1


Personal Conduct; Alcohol

01/26/2012

Applicant’s personal conduct and use of alcohol after being evaluated as alcohol dependent raised security concerns that he failed to mitigate. Clearance is denied. CASE NO: 10-01935.h1


Financial

01/26/2012

Applicant has mitigated the Financial Considerations security concerns by satisfying all but one delinquent account. Eligibility for access to classified information is granted. CASE NO:10-01657.h1


Financial

01/26/2012

Applicant is a 50-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: 10-00949.h1


Guideline E

01/26/2012

The record contained sufficient evidence to support the Judge’s finding that Applicant was not truthful. Adverse decision affirmed.


Financial Considerations

01/25/2012

Applicant has three unpaid tax liens entered against her totaling more than $24,000, and five delinquent charged-off or collection accounts totaling approximately $6,000. The delinquent accounts remain unpaid. Applicant has failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-03486.h1


Drugs

01/25/2012

Applicant’s sporadic marijuana use between about 1986 and July 2010 showed poor judgment and raised security concerns. Drug involvement concerns are not mitigated; however, personal conduct concerns relating to a misdemeanor-level arrest in the early 1990s are mitigated. Eligibility for access to classified information is denied. CASE NO: 11-00017.h1


Personal Conduct

01/25/2012

The passage of time and Applicant's decades-long track record of properly handling protected information mitigated whatever security concerns were raised by his accessing his program manager's emails—access which was only identified as mistakenly granted well after the fact. Clearance granted.


Financial Considerations

01/25/2012

Applicant has one unpaid tax debt and fourteen collection and charged-off accounts totaling approximately $27,000. He hopes to obtain a clearance so he can obtain employment and pay his past-due obligations. He has been unemployed since being injured in and discharged from the U.S. Army. Following the hearing, he paid $320 on his debts. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 10-09329.h1


Financial

01/25/2012

Applicant has addressed all of the alleged past due debts through settlement and payment. Clearance is granted. CASE NO: 10-08719.h1


Foreign Influence; Financial Considerations

01/25/2012

Applicant’s step-mother and half-sister are citizens and residents of Lebanon. There is more than $71,000 of delinquent indebtedness in his name, which remains unpaid. Applicant has failed to rebut or mitigate the security concerns under foreign influence and financial considerations. Clearance is denied. CASE NO: 10-03125.h1


Financial

01/24/2012

Applicant is a 67-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from her delinquent mortgages. Clearance is denied. CASE NO: 11-06407.h1


Foreign Preference

01/24/2012

Applicant, a native-born U.S. citizen and the grandson of an Irish citizen, acquired dual citizenship with Ireland because he wanted to feel closer to the land of his ancestors. He possesses an Irish passport, which he will not destroy, surrender to a cognizant security authority, or otherwise invalidate. Applicant has failed to mitigate foreign preference security concerns. Eligibility for a security clearance is denied. CASE NO: 11-05267.h1


Financial

01/24/2012

Applicant is a 46-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties that are currently unresolved. Applicant failed to present sufficient evidence to overcome the security concerns. Clearance is denied. CASE NO: 11-02971.h1


Foreign Preference; Foreign Influence

01/24/2012

Applicant is a dual citizen by birth from Brazil who retains both Brazilian citizenship and a Brazilian passport. Applicant claims a need to retain his Brazilian passport and citizenship to access and exit Brazil and declined to surrender his Brazilian passport and renounce his Brazilian citizenship. Foreign preference concerns are not mitigated . Additional security concerns relate to Applicant's immediate family members who are citizens and residents of Brazil. Brazil has strong bilateral relations with the U.S., a good human rights record, and demonstrated respect for the rule of law in U.S. trade and commercial relations. Any heightened risk concerns over potential pressure or coercion, by virtue of his family members having citizenship and resident status in Brazil, are mitigated. Clearance is denied. CASE NO: 11-02652h.1


Personal Conduct

01/24/2012

Applicant is 29 years old and is employed by a defense contractor. Applicant mitigated the personal conduct security concerns that he pretended to be a Central Intelligence Agency employee while in college and told a former girlfriend that because of this employment if they did not reconcile someone could be hurt. Clearance is granted. CASE NO: 11-02291.h1


Financial

01/24/2012

Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-09305.h1


Drug Involvement, Criminal Conduct

01/24/2012

Applicant dropped out of high school and became involved with methamphetamines through her boyfriends and husbands. She stopped her drug use for two years then returned to using methamphetamines for about a year. The police arrested her and charged her with drug use in 2004. The court sentenced her to prison. She served nearly four years in prison. During this time, she learned to make good decisions about her life. Since her release from prison in September 2008, she has remained drug free and has not been arrested. She no longer associates with drug users, including her brother. She barred her daughter from her home because her daughter is using marijuana and now has full custody of her granddaughter. Her supervisor and manager recommend her for a clearance, despite her past conduct. Based on all the evidence of record, she has mitigated the government's security concern about her drug involvement and criminal conduct. Clearance is granted. CASE NO: 10-09055.h1


Foreign Preference; Foreign Influence

01/24/2012

Applicant, born in Iran in 1948, has been a resident of the United States since 1975, and a citizen of the U.S. since 1998. His wife, daughter and two stepchildren are United States residents and citizens, and Applicant and his wife plan to reside in the United States for the rest of their lives. His Iranian passport was only obtained to see his mother one last time before she died, and he has had it destroyed. Applicant has significant assets in the United States and no assets outside of the United States. His siblings in Iran are elderly, retired, never worked for the Government of Iran, and Applicant has limited contact with them. Mitigation has been shown. Clearance is granted.


Financial

01/24/2012

Applicant, with an income of $100,000 a year, purchased property valued at $2,019,800 on loans of $1,959,417. When the market fell dramatically, he had no ability to resolve the problem outside of giving up all of the properties. At this time, he still owes $641,000, and it is not clear what his tax liability will be for the loans that were defaulted or resolved in short sale. Finally, Applicant stated his intention to continue this investing in the future, albeit not as aggressively. Mitigation has not been shown. Clearance is denied.


Financial

01/24/2012

Applicant accumulated delinquent debts, most of which he admitted. His proven debts have not been paid or resolved to date. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied. CASE NO: 10-01656h.1


Guideline F

01/23/2012

Applicant has provided evidence that two attachments he submitted to his response to the SOR were not made part of the record. Adverse decision remanded.


Guideline H; Guideline E

01/23/2012

Although the Judge found for Applicant under Guideline E, he reasonably explained why the mitigating evidence was insufficient to overcome the security concerns under Guideline H. Adverse decision affirmed.


Financial:

01/20/2012

Applicant is 46 years old. He purchased a home and financed it with two mortgages. The home depreciated and he made a decision to default on the loans. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 11-02128.h1


FINANCIAL

01/20/2012

During a six-year period of underemployment, Applicant incurred $44,481 in delinquent debt to four creditors and lost a rental property to foreclosure. He has demonstrated a track record of debt repayment and a willingness to resolve his delinquent debts. Furthermore, the unresolved delinquent debts do not increase Applicant potential vulnerability to exploitation, coercion, or duress. Clearance is granted. CASE NO. 11-00927.h1


Drugs

01/20/2012

Applicant illegally possessed and used marijuana three times between August 2009 and November 2009, while working for a government contractor and holding a security clearance. 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, judgment, and ability to comply with the law. Clearance is denied. CASE NO: 11-00548.h1


Financial

01/20/2012

Applicant’s SOR alleged seven debts that included two Internal Revenue Service liens, and five consumer debts. He incurred these debts after he was laid off from two consecutive high paying jobs. These unexpected income shortfalls led to Applicant’s debts. He has paid or otherwise resolved six of the seven debts alleged. For the remaining debt, Applicant is making a good-faith attempt to settle with this creditor. Eligibility for access to classified information is granted. CASE NO: 11-00014.h1


Drugs; Personal Conduct:

01/20/2012

Applicant is 25 years old. Applicant used marijuana from 2001 to 2004 and September 2007 to May 2010, with varying frequency. He purchased marijuana with varying frequency from September 2007 to February 2007. He used marijuana after he was granted a Secret security clearance. Applicant intentionally failed to disclose any of his illegal drug use on a March 2009 security clearance application. He failed to disclose the full extent of his drug use on his April 2010 security clearance application. He provided false information to a government investigator. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-07075.h1


Foreign Preference; Foreign Influence

01/20/2012

Applicant became a naturalized U.S. citizen in 1996. She acquired a Taiwanese passport in 2008. On her security clearance application, she claimed dual citizenship with Taiwan. She would like to retain her Taiwanese citizenship in case she and her husband move to Taiwan when they retire. Applicant’s mother, mother-in-law, and four siblings are citizens and residents of Taiwan. Applicant travels to Taiwan about once a year to visit her family there. Since 2003, she has also traveled five times to the People’s Republic of China (PRC). Applicant failed to mitigate security concerns under Adjudicative Guidelines B and C. Clearance is denied. CASE NO: 10-06824. h1


Criminal Conduct; Personal Conduct

01/20/2012

Applicant mitigated some offenses committed in the early 1990’s, but failed to mitigate five shoplifting or attempted shoplifting offenses and three falsification offenses. Criminal Conduct and Personnel Conduct security concerns remain. Clearance is denied. CASE NO: 10-04220.h1


Protected Information; Personal Conduct

01/20/2012

Applicant mitigated all the security concerns under both Guideline K and Guideline E. Eligibility for access to classified information is granted. CASE NO: 10-01852.h1


Drugs, Criminal Conduct; Personal Conduct; Financial

01/20/2012

Applicant failed to mitigate security concerns arising from her drug use, criminal conduct, personal conduct, and financial delinquencies. Clearance is denied. CASE NO: 09-07319.h1


Financial

01/19/2012

Applicant incurred substantial delinquent debts, including a second mortgage that remains outstanding after foreclosure on his home, a loan for a repossessed car, and several smaller collection accounts. For several years he has been financially dependent on his brother and without a source of steady income. He failed to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 11-01355.h1


Drugs

01/19/2012

Applicant failed to pay federal payroll taxes and acquired significant debt. His wife’s illness, divorce, and small earnings contributed to his inability to pay his debts. Since 2008, he has taken action to resolve his debts, established a record of financial responsibility, and demonstrated that his financial problems are being resolved. He now understands what is required of him to be eligible for a security clearance. Clearance is granted. CASE NO: 10-10859.h1


Foreign Influence; Financial:

01/18/2012

Applicant is 44 years old. He filed for Chapter 7 bankruptcy in 1997 and had $45,000 of consumer debt discharged. In 2007, he filed for Chapter 13 bankruptcy. Under the bankruptcy he is paying the first mortgage on his house. He has approximately $132,000 in unsecured claims. Applicant failed to show he has a consistent track record of fiscal responsibility. Applicant has relatives that live in the Philippines. He mitigated the Foreign Influence security concerns under Guideline B, but failed to mitigate the Financial Considerations security concerns under Guideline F. Clearance is denied. CASE NO: 11-02187.h1


Financial

01/18/2012

Applicant’s decision to build a new home caused him to become financially over-extended. He failed to mitigate the concerns raised under Financial Considerations because of his unresolved delinquent accounts. Clearance is denied. CASE NO: 11-00691.h1


Foreign Influence

01/18/2012

Applicant has mitigated the security concerns under the foreign influence guideline. He was born in the United States of Iranian parents. He was raised by his paternal family. He has never traveled to Iran. His mother now lives in Iran after receiving a green card In 2007 and not assimilating in the United States. He has no contact with his grandfather, aunt, or cousins. CASE NO:10-10760.h1


Financial

01/17/2012

Applicant's financial difficulties occurred primarily because her husband accumulated significant debt and failed to make the required payments, but did not inform her. She has acted responsibly by resolving some of her overdue debts and attempting to resolve her other debts. Mitigation has been shown. Clearance is granted.


Guideline F

01/17/2012

Appeal Board cannot consider new evidence. Record discloses no reason to believe that Applicant was denied his right to present evidence. Adverse decision affirmed. CASE NO: 11-00125.a1


Drugs; Criminal Conduct; Personal Conduct

01/17/2012

The Applicant's two time usage of marijuana occurred more than two years ago, and he has signed a Statement of Intent eschewing any future usage. Clearance is granted. CASE NO: 10-10606.h1


Drugs

01/17/2012

Applicant used marijuana infrequently from 2000 until December 2009. He credibly testified and submitted a sworn personal statement, stating that he did not intend to use any illegal substance in the future. Mitigation has been shown. Clearance is granted.


Financial

01/13/2012

Applicant had seven debts, four of those debts consisted of $6,000 in consumer debt. One of those consumer debts was listed twice and was a duplicate. The remaining two debts stem from a first and second mortgage that appears to have been satisfied by the proceeds from a foreclosure sale. Applicant has produced a budget that demonstrates that she is living within her means and is current on her monthly expenses. In short, she is well on the road to a full financial recovery following her separation and divorce. Eligibility for access to classified information is granted. CASE NO: 11-05721.h1


Alcohol; Drugs, Personal Conduct:

01/13/2012

Applicant is 22 years old. He was arrested twice for driving under the influence of alcohol. One charge was reduced to reckless endangerment, and the other was deferred based on his completion of court-mandated requirements. He is required to complete a two-year intensive alcohol treatment program. Applicant is still completing the program. He used marijuana beginning in high school and escalating to daily use until he began his alcohol treatment program in August 2010. Applicant intentionally failed to honestly disclose the extent of his illegal drug use on his security clearance application. Applicant failed to mitigate the security concerns under Guideline G, Alcohol Consumption, Guideline H, Drug Involvement, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 11-03655.h1


Financial; Personal Conduct

01/13/2012

Applicant failed to mitigate the financial considerations and personal conduct security concerns generated by his delinquent debt and his failure to disclose it, as required, on his security clearance application. Clearance is denied. CASE NO: 10-08632.h1


Alcohol

01/13/2012

Applicant was arrested for driving under the influence in October 2004, December 2006, and November 2009, and convicted after each arrest. After his last conviction, he completed a 60-day inpatient program, and he has abstained from alcohol since his November 2009 arrest. Clearance is granted. CASE NO: 10-08305.h1


Financial

01/13/2012

Applicant is a 61-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties because he overextended himself via a real estate investment venture that failed. He is now seeking to obtain a discharge of nearly $900,000 in liabilities through a Chapter 7 bankruptcy case, which is pending in bankruptcy court. It is too soon to tell if or when he will resolve his financial problems. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-07544.h1


Drugs

01/12/2012

Applicant used marijuana, at times frequently, when he was in college and for about 18 months after he graduated. He occasionally purchased small amounts of marijuana for his personal use during that time. In the past 18 months, Applicant has abstained from any illegal drug use, he has changed his personal and professional circumstances for the better, and he sufficiently demonstrated an intent not to use drugs in the future. Based upon a review of the pleadings and exhibits, Applicant's request for a security clearance is granted. CASE NO: 11-05259.h1


Guideline F

01/12/2012

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 harmful error. Adverse decision affirmed.


Personal Conduct

01/12/2012

Applicant is a 28-year-old employee of a federal contractor. The evidence shows Applicant gave a deliberately false answer in response to a question, posed in an October 2010 security clearance application, about illegal drug use. His answer disclosed a single use of marijuana in September 2001, when the evidence shows his illegal drug use during the relevant period was more recent, frequent, and extensive. His explanation that his incorrect answer was due to oversight is not credible. He failed to present sufficient evidence to overcome the security concerns stemming from his deliberate falsification. Clearance is denied. CASE NO: 11-00221.h1


Guideline F

01/12/2012

Applicant admitted the allegations in the SOR. Accordingly, these allegations were not controverted. 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 record evidence. Adverse decision affirmed. CASE NO: 10-10045.a1


Financial

01/12/2012

The Statement of Reasons alleges delinquent federal tax debts amounting to more than $100,000 for tax years from 1993 to 2010, with a few exceptions. Several federal tax liens have been filed, as well as a state tax lien for unpaid state income tax. Applicant made inconsistent efforts regarding his tax debts using professional tax experts, but no progress has been made for the past 18 years. He has not set up payment plans, or shown a track record of meeting his financial obligations. He deliberately failed to disclose his tax liens or his unpaid income taxes on his security clearance application. Clearance is denied. CASE NO: 10-09773.h1


Guideline

01/12/2012

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


Guideline F

01/12/2012

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


Drugs; Financial; Personal Conduct

01/12/2012

Applicant used marijuana while holding a security clearance and intentionally failed to disclose her marijuana use in response to interrogatories. Her credit reports reflect three delinquent debts totaling about $15,489. Clearance is denied. CASE NO: 10-01679.h1


Drugs

01/11/2012

Applicant illegally possessed and used marijuana, with varying frequency, between 1981 (age 16) and October 2010 (age 45). From 1998 until October 2010, she acquired marijuana from her cohabitant, and smoked the marijuana at home. Applicant used marijuana while working for a government contractor. She lives with her marijuana provider. Clearance is denied. CASE NO: 11-04578.h1


Financial

01/11/2012

Applicant acquired a significant delinquent debt because of his immaturity and financial irresponsibility. Notwithstanding, he recently made efforts to resolve his debt, established a level of financial responsibility, and demonstrated that his financial problems are being resolved. He now understands what is required of him to be eligible for a security clearance. Clearance is granted. CASE NO: 11-03175.h1


Drugs

01/11/2012

Applicant with continuous and recurrent marijuana use and purchases to meet his personal needs fails to mitigate security concerns under both the drug guideline. More time is needed to facilitate safe predictive judgments about his ability to avoid any recurrent use. Clearance is denied.


Drugs

01/11/2012

Applicant is 49 years old and used drugs from 1977 until about March 2008. She has stopped using drugs at times, and most recently, when she has been faced with workplace drug testing. Applicant still associates with a lifelong friend who uses illegal drugs. Clearance denied. CASE NO: 10-04637.h1


Financial

01/10/2012

Applicant has eight debts totaling $67,732. He incurred those debts after his wife was suddenly laid off and lost her annual income of $84,000. This unexpected shortfall led to Applicant’s debts. Applicant has established a viable plan to repay his creditors and is making satisfactory progress towards repayment. Additionally, Applicant and his wife have since secured high paying jobs that will restore or surpass their original income status. Eligibility for access to classified information is granted. CASE NO: 11-05283.h1


Foreign Influence; Foreign Preference

01/10/2012

Applicant was born in Iraq and lived there until 1991. He returned to Iraq from May 2003 to April 2005, from December 2005 to 2007, and from December 2009 to February 2010. In the summer of 2007, Applicant married an Iraqi citizen and resident. For about 15 months after their marriage, she lived in the United States, and then she lived in Iraq from March 2009 to February 2010. He is close to his mother and brother, who are living in Iraq. His spouse is close to her father, who is disabled and receives an Iraqi Government pension. Although he voted in an Iraqi election, this was an isolated action that he believed was encouraged by the U.S. Government. Foreign preference concerns are mitigated; however, foreign influence security concerns are not fully mitigated. Eligibility for access to classified information is denied. CASE NO: 11-02203.h1


Financial

01/10/2012

Applicant is a 51-year-old employee of a defense contractor. He was alleged to be indebted to eight creditors in the approximate amount of $782,387, which included three defaulted mortgages. Applicant mitigated the Financial Considerations security concerns by acting responsibly with respect to all of his debts. All but one debt was satisfied or is listed as current. The remaining debt was successfully disputed. Eligibility for access to classified information is granted. CASE NO: 11-01073.h1


Alcohol; Drugs; Criminal Conduct; Personal Conduct

01/10/2012

Applicant used marijuana regularly in high school and college, but he did not disclose his marijuana use on his security clearance application. He was arrested for driving under the influence in March 2010, and he used marijuana in July 2010, after he submitted his security clearance application. Clearance is denied. CASE NO: 11-00408.h1


Alcohol Consumption; Drug Involvement; Personal Conduct

01/10/2012

Applicant, who is now 33 years old, began consuming alcohol at age 14, and she has received treatment for mental-health issues since she was 17. In 2008, she was diagnosed as alcohol dependent and suffering from cocaine abuse. She used marijuana after being granted a security clearance in 1997. She was not candid in reporting her mental-health treatments or her drug use on her security clearance applications. Her lack of candor raises concerns about her judgment, reliability, and trustworthiness. She failed to mitigate security concerns under the alcohol consumption, drug involvement, and personal conduct adjudicative guidelines. Clearance is denied. CASE NO: 10-10821.h1


Drugs, Personal Conduct

01/09/2012

Applicant used marijuana from about 2006 to mid-2010. He was charged with Possession of Marijuana in May 2009. He has not used marijuana since obtaining his current employment in June 2010. 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 security concerns. He inaccurately listed the duration of his marijuana use in his Electronic Questionnaire for Investigation Processing because he misunderstood the question. The falsification allegation was concluded for Applicant. Eligibility for access to classified information is granted. CASE NO: 11-03952.h1


Criminal Conduct

01/09/2012

Applicant mitigated Criminal Conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 11-02171.h1


Financial

01/09/2012

Applicant is a 37-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of 20 delinquent accounts for more than $20,000. He did not present documentary evidence showing that he paid, settled, disputed, reduced the balance owed, or otherwise resolved any of the debts. He does not have a realistic plan in place to resolve the debts. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 11-01473.h1


Drugs

01/09/2012

Applicant illegally possessed and used marijuana from December 2009 until May 2010, while working for a government contractor and holding a secret security clearance. 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: 10-09636.h1


Personal Conduct

01/09/2012

Applicant intentionally failed to disclose his history of marijuana use on several security clearance applications. Clearance is denied. CASE NO: 10-05756.h1


Criminal Conduct; Drugs; Personal Conduct; Sexual Behavior

01/09/2012

Applicant is a 45-year-old employee of a defense contractor. He has a long history of questionable behavior, including illegal drug use, criminal conduct, and dishonesty. Applicant mitigated sexual behavior security concerns, but he has not mitigated criminal conduct, drug involvement, and personal conduct security concerns. Clearance is denied. CASE NO: 09-01988.h1


Guideline J

01/06/2012

The Judge’s challenged finding is consistent with the record viewed in its entirety. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

01/06/2012

Criminal conduct and personal conduct security concerns raised by Applicant’s criminal charges in 1981 and 1987 were mitigated. Furthermore, Applicant did not deliberately falsify his Electronic Questionnaire for Investigations Processing (e-QIP). However, doubts persist regarding his judgment, reliability, and trustworthiness because of his 2004 criminal conduct. Clearance is denied. CASE NO: 10-08004.h1


Financial

1/6/2012

Applicant has addressed all of the alleged past due debts through short sales of his properties, by which those debts have been resolved. Clearance is granted. CASE NO: 10-07097.h1


Financial

01/06/2012

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-04406.h1


Guideline H; Guideline E

01/06/2012

The Judge discussed Applicant’s mitigating evidence and was not persuaded that it outweighed the deliberate falsifications. Adverse decision affirmed.


Financial; Criminal Conduct; Drugs; Personal Conduct

01/06/2012

Applicant mitigated concerns raised by his past history of criminal conduct, drug involvement, and personal conduct. Financial concerns were not mitigated because Applicant has several unresolved delinquent accounts. Clearance is denied.


Financial

01/06/2012

At the close of the record, Applicant had a significant amount of unresolved debts. Security concerns raised under Financial Considerations are not mitigated. Clearance is denied. CASE NO: 10-00816.h1


Guideline F

01/06/2012

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


Financial

01/04/2012

Applicant’s statement of reasons (SOR) lists 16 delinquent debts totaling $113,382, and he has a delinquent $117,000 second mortgage, bringing the total of delinquent debt to $230,382. One debt was involuntarily resolved through garnishment, and another is being paid with an involuntary allotment. Although he is making progress, financial considerations concerns are not mitigated. Access to classified information is denied. CASE NO: 11-03402.h1


Financial

01/04/2012

Applicant failed to mitigate the Financial Considerations concern. Her financial problems are attributable to the failure of her private ministry, which left her with a substantial amount of debt. She failed to establish that her financial situation is under control. Clearance is denied. CASE NO: 11-00226.h1


Guideline F

01/04/2012

Applicant had two previous discharges in bankruptcy and twelve delinquent debts currently. Adverse decision affirmed.


Use of Information Technology; Personal Conduct

01/04/2012

Applicant has not mitigated the security concerns under Guideline M and Guideline E. Applicant viewed sexually explicit web sites for a period of ten years. His later denials are not credible. Clearance is denied. CASE NO: 10-08390.h1


Guideline H; Guideline E

01/04/2012

The Judge laid out in detail and analyzed Applicant’s explanation for his marijuana use. The record contains substantial evidence supporting the Judge’s rejection of that analysis. Adverse decision affirmed.


Financial

01/03/2012

Applicant is a 43-year-old employee of a Federal Government contractor. She did not provide sufficient evidence to mitigate the security concerns arising from her delinquent debts. Clearance is denied. CASE NO: 11-01062.h1


Financial

12/13/2012

Applicant’s financial problems occurred because his income and work hours varied, causing a loss in income and an inability to pay all his expenses. He hired a debt settlement company in January 2012. He complies with his payment agreement and has resolved five debts through this company. He has shown a track record for resolving his financial problems. He has mitigated the Government’s security concerns under Guideline F. Clearance is granted. CASE NO: 09-03890.h1


Personal Conduct

10/26/2012

Applicant mistreated detainees in his custody for interrogation in violation of his command’s policy. He attempted to have another person with him on the mission not report the detainee abuse to his command as required by regulation. He was removed from civilian Government employment because of his misconduct. His removal was approved by the appropriate Government agency after a due process hearing and appeal. Applicant did not mitigate the security concerns about his personal conduct. Eligibility for access to classified information is denied. CASE NO: 11-00801.h1


Financial

10/19/2012

Applicant incurred delinquent debt when she was laid off four times in four years, and was unemployed for two of those four years. She had extensive medical expenses for both herself and her son. She kept meticulous financial records and knows the full status of her finances. She paid or is paying some debts, disputed many, and others are old medical debts that are difficult to resolve. Her present finances are good and under control. Applicant mitigated security concerns based on her finances. Eligibility for access to classified information is granted. CASE NO: 11-02004.h1


Financial; Personal Conduct

10/16/2012

Applicant incurred delinquent debt when he was unemployed in 2009. He has been steadily employed since September 2009. He has not paid any of the delinquent debts or even inquired of creditors about the debts. He deliberately did not provide full, complete, and accurate financial information on his security clearance application. He has not mitigated security concern based on this finances and personal conduct. Access to classified information is denied. CASE NO: 11-05854.h1


Financial

10/16/2012

Applicant paid his wife’s signific ant legal and medical debts caused by her misconduct. He was unable to pay all of his fam ily bills resulting in delinquent debts. He paid some of the delinquent debts listed in the SOR, di sputed others, he has no information on creditors to send payment on some debts, and is negotiating payment plans on others. By acting responsibly toward his debts, he mitigated security concerns based on his finances. Access to classified information is granted. CASE NO: 10-03716.h1


Financial

10/08/2012

Applicant incurred delinquent debt when he lost employment and experienced a serious illness requiring hospitalization. He had not paid his delinquent debt until he recently paid a few small debts. Two debts were paid by Government action applying a tax refund and disability payments to the two debts. Applicant has not mitigated financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-08706.h1


Drug Involvement; Personal Conduct

10/05/2012

Applicant used cocaine from August 2007 until October 2008. He initially used the cocaine, supplied by a stranger, to counter depression from marital problems. Applicant deliberately did not provide full, complete, and accurate information concerning drug use and his criminal conduct on two security clearance applications, in response to an interrogatory, and in response to questions from a security investigator. He has not mitigated security concerns for personal conduct and drug involvement. Eligibility for access to classified information is denied. CASE NO: 11-04978.h1


Handling Protected Information; Personal Conduct

10/04/2012

Applicant had two security violations over two years while training as a systems administrator. He mitigated security concerns for these violations. He was terminated from the company for other reasons. He told a security investigator that he left the company on good terms for a better position. He admitted he lied to the security investigator for fear of losing his job and income. He has not mitigated personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 11-01583.h1


Financial

08/22/2012

Applicant incurred delinquent debt as a single mother caring for three children without adequate child support. Also listed are medical expenses for family members that were not her responsibility. Applicant has either paid or is paying most of her delinquent debts. She is current with her present debts. Applicant mitigated security concerns based on her finances. Eligibility for access to classified information is granted. CASE NO: 12-00903.h1


Financial

06/28/2012

Applicant incurred delinquent debt after leaving the Army and he was unable to keep and maintain good steady employment. His separation and divorce increased his financial problems. His present wife has medical issues increasing their medical bills and preventing her from working. He has a son with disabilities that also increased his medical bills. He has not taken steps to lower his child support requirements even though he has a reasonable basis to have the payments reduced. His monthly expenses far exceed his monthly income and he uses overdrafts and pawning goods to meet his financial obligations. Appellant has not acted responsibly towards his finances, so he has not mitigated security concerns under financial considerations. Access to classified information is denied. CASE NO: 11-03637.h1


Foreign Influence

05/31/2012

Applicant was born in Iran and came to the United States for her education in 1978. She became a U.S. citizen in 1994. She has a bachelor’s and a master’s degree from U.S. universities. She married an Iranian, who is a U.S. citizen, and has three children who are U.S. citizens. She has six siblings who are citizens and residents of Iran. She has an elderly mother-in-law who is a citizen and resident of Iran. She visited Iran three times in 34 years, in 1992, 1998, and 2010. All of her trips to Iran were before she started working for a defense contractor, and she required access to classified information. Applicant met her heavy burden to mitigate security concerns for her family members in and trips to Iran. Access to classified is granted. CASE NO: 11-10411.h1


Drugs

05/31/2012

Applicant used marijuana with varying frequency in high school and college, and after college from 2004 until September 2010. He has not established he changed his life circumstances to show that he has been rehabilitated or reformed. Applicant has not mitigated security concerns for drug involvement. Access to classified information is denied. CASE NO: 11-05766.h1


Financial

05/30/2012

Applicant incurred delinquent debt by using credit cards for living expenses in a high cost area just prior to his retirement from active duty in 2002. He works overseas and had difficulty learning about, contacting, and working with his creditors and collection agencies. He paid four of his debts, and is paying five others through a debt consolidation company. He employed a law firm to provide him information on the remaining debts. Applicant mitigated security concerns for financial considerations. Access to classified information is granted. CASE NO: 10-09489.h1


Financial

05/21/2012

Applicant incurred delinquent debt after she divorced and had to raise two children with inconsistent child support. She was employed but developed a medical problem that required her to change career fields. She could not find consistently good employment, and incurred debt in moving to find better employment. She paid four of her debts. She has a credible plan to continue to pay her debts as funds become available after she pays her smaller debts first. Applicant mitigated security concerns for financial considerations. Access to classified information is granted. CASE NO: 10-10377.h1


Financial; Personal Conduct

05/16/2012

Applicant incurred delinquent debt from unemployment and lack of health insurance. He has not established that he acted responsibly towards his finances. He has not been in contact with many of his creditors and he has not paid any of the delinquent debts listed in the SOR. Applicant misunderstood the instructions for answering the financial questions on the security clearance application. Applicant mitigated security concerns for personal conduct, but not for financial considerations. Access to classified information is denied. CASE NO: 10-03374.h1


Criminal Conduct, Personal Conduct

05/09/2012

Applicant embezzled funds from her employer from 1994 until 1996. She was convicted of embezzlement in 1999. Applicant did not include the conviction on her security clearance application when asked about felony offenses. When questioned by a security investigator about the embezzlement, Applicant denied she was responsible for the embezzlement but merely covered up the theft. Applicant’s testimony and answers lacked credibility. Applicant failed to mitigate the security concerns. Access to classified information is denied. CASE NO: 10-00948 .h1


Financial; Alcohol Consumption; Criminal Conduct

03/29/2012

Applicant presented sufficient evidence that he has paid or is paying his delinquent debts caused by periods of unemployment. He admits to three incidents of excessive alcohol consumption leading to criminal charges from 2005 until 2008. He was diagnosed as alcohol dependent. He last consumed alcohol in December 2009. He established that he has matured, understands his issues with alcohol, and that he cannot consume alcohol since he is alcohol dependent. He mitigated security concerns for financial consideration, alcohol consumption, and criminal conduct. Clearance is granted. CASE NO: 10-09557.h1


Financial

02/23/2012

Applicant incurred delinquent debt starting in 2007 when his wife left the workforce to care for their two children and they lost her significant income. They did not adjust their lifestyle and used credit cards to maintain their high standard of living. Applicant’s wife was addicted to prescription drugs and they divorced in 2011. Applicant has not paid any of his delinquent debts claiming significant child and spousal support payments. Applicant has not presented sufficient information to mitigate security concerns for financial considerations. Clearance is denied. CASE NO: 11-00780.h1


Drugs; Criminal Conduct

02/16/2012

Applicant used marijuana from age 15 to age 21. He was arrested in 2007 and 2008 for possession of marijuana. He performed community service. His last use of marijuana was February 2009 when he entered a shipyard apprentice program. He has matured, is intent on a career at the shipyard, and plays on the shipyard baseball team. He indictated his intent not to use illegal drugs again. His college roommate took Applicant on a joy ride on campus after taking a campus police golf cart. Applicant performed a community service, paid for the golf cart, and was removed from the college baseball team. Applicant mitigated security concerns for drug involvement and criminal conduct. Access to classified information is granted. CASE NO: 10-05976.h1


Financial

02/10/2012

Applicant incurred delinquent debt when his employer changed his status from an hourly employee to a subcontractor, he lost health insurance, and taxes were not deducted from his pay. He acted reasonably and responsibly by filing a Chapter 7 bankruptcy. His debts have been discharged and he is now debt free. Access to classified information is granted. CASE NO: 10-04090.h1


Financial

02/09/2012

Applicant incurred a large amount of credit card debt by purchasing non-essential consumer goods for him and his family. Even though gainfully employed, he was unable to pay the debts and the debts were discharged by bankruptcy. Applicant’s management of his finances by accumulating debt he could not afford to pay shows irresponsibility, untrustworthiness, and unreliability. His disregard of proper financial management practices indicates he may not be concerned, responsible, or willing to exercise proper care in the protection of classified information. He failed to mitigate security concerns based on his finances. Access to classified information is denied. CASE NO: 10-06975.h1


Financial

01/31/2012

Applicant incurred delinquent debt when he needed emergency medical care and hospitalization and did not have health insurance. He used student loans to pay college tuition. He contacted the medical debt creditors but was unable to establish either the debt or a payment plan with them. He has started to prepay his student loans. Applicant mitigated security concern based on his finances. Eligibility for access to classified information is granted. CASE NO: 11-02955.h1


Financial

01/31/2012

Appellant incurred delinquent debt when his wife failed to file and pay required state business taxes without his knowledge and incurred other debts she did not pay. After Applicant and his wife divorced, Applicant paid all state taxes, three other delinquent debts, disputed a dental bill, and will start to repay his one remaining delinquent debt. Applicant mitigated security concerns for financial considerations. Access to classified information is granted. CASE NO: 10-06023.h1


Foreign Influence; Personal Conduct

01/30/2012

Applicant has siblings and extended family members that live in Afghanistan. However, he established deep and longstanding relationships and loyalties in the United States and he can be expected to resolve any conflict of interest in favor of the U.S. interest. He mitigated the foreign influence and personal conduct security concerns raised. Clearance is granted. CASE NO: 10-00781.h1


Financial Considerations

01/27/2012

Applicant encountered delinquent debt when his wife became sick and was unable to work for approximately three years. He kept his mortgage, medical bills, and car payment current. However in spite of an expressed intent to do so, he has not made any effort to pay credit card debts, telephone bills, department store debts, and a car repossession debt. He failed to mitigate security concerns for financial considerations. Eligibility for access to classified information is denied. CASE NO: 11-02657.h1


Drug Involvement; Personal Conduct

01/25/2012

Applicant admits using marijuana in high school from 1996 until 1999. He admits using marijuana while in college from 2003 until 2007. He tested positive for marijuana in January 2010 while employed by a defense contractor and having access to classified information. He deliberately provided a false answer to a drug use question on a June 2007 Questionnaire for a Public Trust Position. Applicant has not mitigated security concerns for drug involvement and personal conduct. Access to classified information is denied. CASE NO: 11-02353.h1


Alcohol Consumption; Personal Conduct

01/24/2012

Applicant had alcohol-related and driving-related personal conduct issues from 1996 until 2006. In 2009, he accessed and viewed child pornography, another personal conduct issue. Under the whole-person concept, his alcohol consumption and personal conduct shows a pattern and history of unwillingness to comply with rules and regulations. This indicated he is unreliable and untrustworthy and does not have the ability to protect classified information. Access to classified information is denied. CASE NO: 10-01275.h1


Use of Information Technology Systems; Personal Conduct; Financial

01/13/2012

Applicant received a company and a Government laptop computer to do his job for a defense contractor and a Government Agency. He downloaded unauthorized software to the computers to enable him to better perform his functions for the company and the Government agency. He also viewed pornography on the laptops and ran antivirus software to erase viruses caused by viewing the pornography. He presented sufficient information to mitigate and refute the downloading of unauthorized software and using the antivirus software. However, he did not mitigate or refute the allegation for his use of the computers in violation of the policy against viewing pornography. His testimony at the hearing concerning pornography was not credible. He had delinquent medical, credit card, and mortgage debts. The debts arose when he lost employment. He mitigated the security concerns for financial considerations because he paid or is paying all of his delinquent debts. Access to classified information is denied. CASE NO: 10-06328.h1


Financial Considerations, Personal Conduct

02/16/2012

Applicant's debt problems resulted from real estate investment with her father. Her father failed to comply with his financial responsibilities as agreed, which resulted in the loss of real property. Applicant has resolved all the debts related to this investment. Her finances are well managed. Her use of marijuana does not present a security concern as she changed her behavior and lifestyle. Applicant has mitigated the security concerns regarding her finances and her personal conduct. Clearance is granted. CASE NO: 11-00720.h1 DATE: 02/16/2012


Financial

02/10/2012

Applicant incurred financial problems after his divorce in 2007 and related to the decline in the housing market. He paid or resolved the majority of his debts, including debts listed in the SOR. Applicant mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-05241.h1 DATE: 02/10/2012


Financial

02/07/2012

Applicant is a 60-year-old employee of a federal contractor. The evidence shows that in 2006 Applicant and his wife purchased four town homes as a real estate investment. The investment failed due to a combination of a steep drop in market value, vacancy problems, reduced rental rates, maintenance costs, and vandalism costs. Applicant incurred a large amount of credit card debt in an effort to keep things afloat, but eventually decided bankruptcy was the best course of action. His initial Chapter 13 bankruptcy case was filed in late 2009 and dismissed before confirmation of a repayment plan in 2010. He filed a second Chapter 13 bankruptcy case about a month later in October 2010, and it is pending confirmation by the bankruptcy court. He has paid about $27,000 under the proposed plan during the last year. There are now clear indications that his financial problems are being resolved or are under control, and he has initiated a good-faith effort to repay his creditors. Clearance is granted. CASE NO: 10-05706.h1


Financial

01/30/2012

Applicant incurred financial problems because of poor spending habits and poor money management. She did not provide any documentation to show what she has done to resolve her past-due debts, including challenges to debts which she states are not hers. She has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 11-01986.h1 DATE: 01/30/2012


Financial

01/20/2012

Applicant incurred financial problems when the economy declined and after her son's murder and her husband's suicide. In February 2010, Applicant took control of her finances and developed a plan to resolve her debts. She has resolved all the debts listed in the SOR. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-01607.h1 DATE: 01/20/2012


Financial

01/13/2012

Applicant incurred financial problems after he left the military. He spoke with a debt counseling company, but he has not presented a plan for resolving his debts. He has not resolved most of the debts listed in the SOR. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 11-03429.h1 DATE: 01/13/2012


Drugs

01/10/2012

Applicant purchased and used marijuana when he attended college and for about two years thereafter. He has not used marijuana or any other controlled since December 2009, and he has submitted a signed statement of intent with automatic revocation of his clearance if he is found to have used any controlled substance in the future. Clearance is granted. CASE NO: 11-03420.h1 DATE: 01/10/2012


Financial

01/10/2012

Applicant's financial problems resulted from the national economic downturn that caused his wife's restaurant business to fail. He and she have resolved most of their delinquent debt and are making substantial payments toward their lone remaining delinquent account. Clearance is granted. CASE NO: 11-02519.h1 DATE: 01/10/2012


Financial; Personal Conduct

01/10/2012

Applicant has delinquent credit card debt, owed in the combined amount of $48,961, on which he only recently made relatively nominal payments. His past history does not warrant a finding that he will continue to make an effort to resolve those debts. Applicant did not deliberately fail to disclose his delinquent debts in the security clearance application he submitted in May 2010. Clearance is denied. CASE NO: 11-00893.h1 DATE: 01/10/2012


Alcohol

01/10/2012

Applicant committed three alcohol-related driving offenses between March 2007 and March 2009. Those offenses all occurred while his life was in turmoil. He has not consumed any alcohol since March 2009, he admits he is an alcoholic, and he has regularly attended Alcoholic's Anonymous (AA) meetings since his last arrest. Applicant mitigated the security concern that existed due to his multiple alcohol-related arrests. Clearance is granted. CASE NO: 09-06332.h1 DATE: 01/10/2012


Personal Conduct; Financial

01/26/2012

Applicant failed to disclose any of his many criminal arrests in the security clearance application he submitted in August 2008. He has numerous delinquent debts that remain unsatisfied. Clearance is denied. CASE NO: 10-04821.h1 DATE:01/26/2012


Criminal Conduct, Drugs, Personal Conduct

02/17/2012

As a teen, Applicant was charged with commercial burglary and fined for drug- related charges. He was fired from a job after failing a drug test in 2007. In 2008, he was sentenced to 80 hours of community service after being found guilty of attempted breaking and entering. Applicant failed to offer significant evidence mitigating related concerns and admitted he has yet to complete his required community service hours. Criminal conduct, drug involvement, and personal conduct security concerns remain unmitigated. Clearance denied. CASE NO: 10-04835.h1


Criminal Conduct; Personal Conduct; Finances

01/12/2012

Applicant filed for bankruptcy protection in 1996 and in 2009. He also has a child support arrearage for approximately $34,000. Meanwhile, in 2010, he stole a laptop computer from a former employer, then provided misleading facts about the incident on his security clearance application. Applicant failed to provide sufficient facts to mitigate security concerns. Clearance is denied. CASE NO: 11-02936.h1


Financial

02/16/2012

Applicant is a 51-year-old employee of a federal contractor. The evidence shows that Applicant bought a second home as a future retirement home located near her elderly father. In the meantime, she used it as rental property. As a landlord, she had problematic tenants and the rental property never produced a positive cash flow. Her attempts to modify or refinance the mortgage loans on the rental property were unsuccessful, and the property foreclosed in mid-2011. Any deficiency balance is likely not collectable under the state's antideficiency statute since both loans were used to purchase the rental property. She incurred additional delinquent debt, but those three debts, for relatively small amounts, are now resolved or in repayment. There are now clear indications that her financial problems are being resolved or are under control, and she has initiated a good-faith effort to repay her creditors. Clearance is granted. CASE NO: 10-07393.h1


Financial

01/20/2012

Applicant is a 57-year-old employee of a federal contractor. The evidence shows that in 2005 Applicant and his wife obtained two home loans to purchase a primary residence for about $905,000. Over the next five years, the market value of the home fell to about $500,000 due to a steep decline in the residential real estate market. He paid on the loans until July 2010, when he defaulted after deciding it was in his financial interest to do so. The house was sold in a foreclosure sale in March 2011 for about $500,000; the first mortgage loan is paid in full; the second mortgage loan (a home-equity line of credit) was charged off; and there is no indication that a deficiency balance is being pursued by a creditor. His decision to default strategically on two home loans raises unresolved doubts about his judgment, reliability, trustworthiness, and ability to protect classified information. Clearance is denied. CASE NO: 10-10627.h1


Foreign Influence

02/29/2012

Applicant is a naturalized U.S. citizen, who has lived in the United States since 1975. His immediate family, wife and son, are U.S. citizens and reside with him in the United States. Applicant has two brothers in Taiwan, with whom he has little contact. Applicant owned an import business until 1993. He has unsuccessfully attempted to settle an issue of $20,000 to one of the Taiwanese creditors. He has mitigated the foreign influence security concern. Eligibility for a security clearance is granted. CASE NO: 11-04886.h1


Alcohol

12/20/2012

Applicant has not consumed alcohol since November 2011. He successfully completed an intensive outpatient alcohol program in April 2011 and he continues to attend an aftercare program. Applicant attends Alcoholic Anonymous (AA) meetings, has obtained a sponsor, and regularly communicates with his sponsor. Clearance is granted. CASE NO: 10-03718.h1


Financial

12/18/2012

Applicant's financial problems resulted from an unexpected medical emergency. She is making reasonable efforts to resolve her delinquent debts. She mitigated the security concern that arose from her delinquent debts. Clearance is granted. CASE NO: 11-06022.h1


Drugs

12/06/2012

Applicant abused marijuana and LSD during his freshman year of college. He has not used any controlled substance since August 2011. Clearance is granted. CASE NO: 11-09997.h1


Financial

12/06/2012

Applicant's Chapter 7 bankruptcy petition was dismissed because he failed to appear for a scheduled court date. He has over $20,000 in delinquent debt on which he has not made any payment. He failed to mitigate the security concern that arises from his outstanding delinquent debts. Clearance is denied. CASE NO: 11-06213.h1


Security Violations

11/14/2012

Applicant is a retired United States Army Colonel who held high-level commands and other responsible positions during his 30 years of military service. He has worked continuously for a defense contractor since he retired from the Army. Applicant possessed a top secret security clearance with sensitive compartmented information (SCI) access for almost 25 years before he committed a security breech due to poor judgment on his part. He mitigated the security concern caused by the mistakes he made over the course of little more than an hour in an otherwise distinguished 36-year career dedicated to national security. Clearance is granted. CASE NO: 11-05700.h1


Foreign Preference, Foreign Influence, Personal Conduct

11/08/2012

Applicant has dual citizenship with the United States and Iran. He is willing to renounce his dual citizenship. His brothers and sisters, who are his closest relatives, are U.S. citizens living in the United States. Applicant's elderly uncle is a resident and citizen of Iran. Applicant currently posses an expired Iranian passport. He does not intend to return to Iran as he fears harm if he does. He did not intentionally falsify four SOR allegations, although his failure to acknowledge his Iranian passport is intentional. He has mitigated the Government's security concerns about his foreign influence and foreign preference, but his has not mitigated the security concerns about his personal conduct. Eligibility for a security clearance is denied. CASE NO: 10-04144.h1


Financial

11/02/2012

Applicant and his ex-wife chose to abandon their marital residence and a luxury motor home, and ignore other large debts, for which they were jointly responsible, when they decided to divorce in 2008. Before and after the divorce they each had a gross annual income well in excess of $100,000, and after the divorce they received combined monthly pay-outs from Applicant's retirement account of approximately $17,000. Clearance is denied. CASE NO: 11-02698.h1


Foreign Preference; Financial Considerations

10/18/2012

Applicant s wife is a resident and citizen of Vietnam as is her mother. Upon the advice of his immigration counsel, Applicant obtained a social security number for his wife and claims her as a dependent on his tax return, steps he has taken, with the goal of bringing her to the United States. Applicant has paid several of his past debts with the help of a credit counselor and is working on the resolution of the remaining debts. He has mitigated the security concerns arising under Guidelines B and F. His security clearance is granted. CASE NO: 11-06095.h1


Financial

10/18/2012

Applicant incurred financial problems when his earnings declined and his wife's business lost income as a result of the economic downturn. He resolved his second mortgage and has modified his current mortgage. He has not paid or resolved his remaining past-due debts. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-02443.h1


Financial, Personal Conduct

10/16/2012

Applicant's child support problems initially arose from job losses and limited funds. He compounded his financial problems in the 1990s when he decided not to file his federal and state tax returns. He has resolved his child support issues, but he has not resolved his federal and state tax debts. He did not intentionally falsify his security clearance in 2010. He mitigated the Government's security concerns under Guideline E, but he failed to mitigate the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-06718.h1


Financial

10/02/2012

Applicant's financial problems arose from job losses and underemployment. He has not provided documentation which shows that he paid or resolved his debts, or that he has filed his federal income tax return for tax year 2006. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 11-13492.h1


Financial

09/21/2012

Applicant's most recent financial problems began when he unwisely purchased a second residence. He has only recently begun to take action to resolve his delinquent accounts, and, based upon the amount he is paying toward those debts, it will take many years before they are fully satisfied even if he maintains the repayment agreements he has entered into. Clearance is denied. CASE NO: 12-04253.h1


Financial

09/21/2012

Applicant had an automobile repossessed and he lost his house through foreclosure. He has numerous unpaid delinquent debts that he lacks the financial resources to satisfy. Clearance is denied. CASE NO: 12-00773.h1


Alcohol; Drugs

09/17/2012

Applicant underwent inpatient treatment for alcohol and drug dependence in December 2008 and January 2009. She failed to follow the aftercare recommendations, including that she attend Alcoholics Anonymous (AA) meetings, and she severely minimizes her history of alcohol abuse and her diagnosis as being alcohol dependent. Clearance is denied. CASE NO: 11-14371.h1


Drug Involvement, Personal Conduct

09/17/2012

Applicant injured his back at work in 2010. At a neighborhood party, he accepted and smoked a marijuana joint to relieve his back pain. He then purchased a small amount of marijuana to smoke while camping over the weekend. At this time, Applicant held a security clearance. Applicant is not likely to use marijuana in the future. He, however, exercised poor judgment when he decided to smoke marijuana while holding a security clearance. He has mitigated the security concerns under Guideline E, but he has not mitigated the security concerns under Guideline H. Clearance is denied. CASE NO: 11-04888


Personal Conduct; Drugs; Criminal Conduct

09/17/2012

Applicant mitigated the security concerns that arise from his history of drug abuse and criminal conduct. However, he failed to mitigate the concern that arises from the false answers he deliberately provided in security clearance applications he submitted in June 2004 and January 2010. Clearance is denied. CASE NO: 10-05860.h1


Drug Involvement, Personal Conduct

09/13/2012

Applicant used marijuana as a high school student. He abstained from any drug use for over 25 years. Following his sister's death in 2006, he and his brother smoked three marijuana joints on a weekend camping trip to ease their sadness. At this time, Applicant held a security clearance. Applicant did not intentionally falsify his answers on his security clearance application, nor did he provide false information to the Office of Personnel Management investigator. He has mitigated the security concerns under Guideline E, but he has not mitigated the security concerns under Guideline H. Clearance is denied. CASE NO: 11-10095


Financial

09/07/2012

Applicant's financial problems started with job losses and underemployment. Periodic job loss and a divorce contributed to her continued financial problems. She has paid many past-due debts and continues to work to the resolution of her remaining debts. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-05945.h1


Financial

08/17/2012

Applicant has not filed federal and state income tax returns for several years. A flood destroyed documentation related to his wife's business, which impacted his ability to complete his tax returns. The Internal Revenue Service (IRS) notified Applicant that he owed back taxes. Applicant has not taken any steps to pay or resolve his tax debts with the IRS or the state revenue agency. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 11-06692.h1


Financial

08/15/2012

Applicant's financial problems began after his mother-in-law and brother-in-law died more than 10 years ago. His wife inherited property, which they rented after major repairs. Hurricanes damaged his home and the rental property. Tenants damaged the rental property and failed to pay the rent. In 2009, when his financial difficulties continued to increase, Applicant and his wife sought professional help to manage their income and resolve their significant debt. Applicant has paid all his debts and lives within his current income. 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: 11-04351.h1


Drug Involvement, Criminal Conduct, Personal Conduct

07/24/2012

Applicant was arrested once for driving under the influence of alcohol more than 30 years ago. After he married, he experienced additional problems with police because of his relationship with his wife. In 2000, he decided to transport a large quantity of marijuana to earn money. This decision resulted in his arrest on drug charges and eight years in prison. Since his release from prison in the summer of 2008, he has changed his life. He moved to a different state, changed his friends, and reestablished his family relationships. He works steadily and remains away from the negative influences of his past. He did not intentionally falsify his e-QIP. Based on all the evidence of record, he has mitigated the government's security concern about his drug involvement, personal conduct, and criminal conduct. Clearance is granted. CASE NO: 10-05559


Drug Involvement, Personal Conduct

07/23/2012

Applicant began smoking marijuana and consuming alcohol as a high school freshman. By his senior year of high school, he had also used prescription drugs illegally. In college, he expanded his drug use to include psychedelic drugs. By his senior year of college, he had decreased his frequency of drug use. He, however, continued to periodically use drugs for four years after college, with his last intentional use in August 2010. He also purchased drugs and on one occasion attempted to manufacture dimethyltryptamine (DMT). He unintentionally ingested psilocybin mushrooms three months ago. He continues to associate with friends involved with drugs. He intentionally falsified his e-QIP and responses to interrogatories. He also intentionally failed to disclose the full extent of his drug use to the security investigator. Applicant has not mitigated the security concerns regarding his drug involvement and personal conduct. Clearance is denied. CASE NO: 11-04200


Alcohol

07/13/2012

Applicant failed to mitigate the security concern caused by his recent and recurring alcohol-related criminal violations. Clearance is denied. CASE NO: 11-02859.h1


Financial; Personal Conduct

07/13/2012

Applicant incurred financial problems when he married and assumed responsibility for three stepchildren in addition to his own children. With his limited income, he encountered significant financial problems. He is now divorced with full custody of his two children. He paid three SOR debts and is working to resolve his one remaining debt. He lives within his monthly income, and he is frugal. He has sufficient income each month to pay his bills. Applicant did not intentionally falsify his security clearance application. He has mitigated the Government's security concerns under Guidelines F and E. Clearance is granted. CASE NO: 10-06440.h1


Drug Involvement, Criminal Conduct

07/11/2012

Applicant used multiple drugs in high school and college. After college, he abstained from any drug use for 17 years. In 2001, a girlfriend introduced him to marijuana, which he used a few times, then stopped because of its negative effect on him. In 2004, he started using cocaine regularly with the woman who became his second wife. He ended his cocaine use and his marriage in 2009. In May 2009, the police arrested him for driving under the influence of alcohol. He complied with the terms of his sentence, and has modified his alcohol consumption. He changed his lifestyle, which no longer includes drugs. He has mitigated the Government's security concern about his criminal conduct, but drug involvement concerns persist because he used marijuana and cocaine while he held a security clearance. Clearance is denied. CASE NO: 11-01018


Foreign Influence

07/06/2012

Applicant, who was born and raised in Afghanistan, works as a linguist for a defense contractor. He is a United States citizen, as is his wife and two children. They live and reside in the United States. His two brothers and three sisters are citizens of and reside in Afghanistan as does a cousin and friend. He visited his family members in 2007 and talks with them maybe once a year. His family members are not involved in politics, and except for his oldest brother, are not aware he is working in Afghanistan. Applicant maintains a normal relationship with his family members. He has mitigated the foreign influence security concern. Eligibility for a security clearance is granted. CASE NO: 10-09208.h1


Foreign Preference

06/26/2012

Applicant was born and raised in Trinidad and Tobago, where his pareants still reside. His mother is a United States citizen and his father is a citizen of Trinidad and Tobago. Applicant possesses a Trinidad and Tobago passport, which he declines to surrender or destroy. He has not mitigated the security concerns under Guideline C. Eligibility for a security clearance is denied. CASE NO: 11-05287.h1


Financial Considerations

06/25/2012

Applicant incurred significant unpaid debt over a period of years as a result of low income and unemployment. He pays his current living expenses. Although he has paid some of his small debts, he has not yet resolved most of his past unpaid debts despite a significant amount of discretionary income each month. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-03147.h1


Personal Conduct; Drugs

06/08/2012

Applicant last illegally used a controlled substance in 2007. He disclosed to his employer that he had illegally used controlled substances sometime between 2008 and 2010. In so doing, he effectively notified the Government that he had repeatedly falsified security clearance applications and provided false information during security clearance related interviews sometime between 2008 and 2010 without being confronted with the facts of his falsifications. Applicant has mitigated the security concerns that existed from his history of drug abuse and personal conduct. Clearance is granted. CASE NO: 11-00155.h1


Financial

05/16/2012

Applicant incurred financial problems after he retired from the Air Force in 2004. He because of low income. During this time, he accumulated significant debts because of low income. Most of his debts are not paid, despite a significant increase in his monthly income since September 2009. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-04664.h1


Financial

05/09/2012

Applicant incurred financial problems when his then employer changed its business model, causing increased business costs and decreased income for him. He attempted to resolve his indebtedness in 2005 with payment plans. Four creditors accepted the payment plans, but the creditors stopped the plans in 2008. He has not made any additional attempts to resolve his past-due debts. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 11-03241.h1


Financial

05/7/2012

When the market value on his property declined significantly, Applicant followed the advice of his financial advisor and defaulted on his mortgage. The mortgage lender foreclosed on his house. Under state law, the lender cannot recover any balance due on his mortgage after the foreclosure sale of his house. His other bills are paid and always have been. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-01991.h1


Financial

04/25/2012

Applicant incurred financial problems in 2005 when her ongoing medical problems and associated medical expenses significantly increased. Over the years, she has taken steps to resolve her debts, and did so with some of her debts. She has been unable to resolve her remaining debts because the creditors will not work with her. She lives within her monthly income and her finances are stable. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-02156.h1


Financial

04/17/2012

Applicant incurred financial problems when the economy declined and her employer laid her off. She moved a long distance for new employment and simultaneously rented her home. After 14 months of renting, her rental income ended. She took numerous steps to resolve her financial difficulties, but decided to file for Chapter 13 bankruptcy. She is compliant with her bankruptcy payment plan. She has resolved all the debts listed in the SOR. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-03181.h1


Foreign Preference; Foreign Influence; Personal Conduct

04/12/2012

Applicant renounced his Jordanian citizenship and gave his Jordanian passport to his facility security officer. He has mitigated the security concerns about foreign preference. His parents and his brother are citizens and residents of Jordan. Balancing his relationship with his Jordanian family members, the favorable relationship between Jordan and the United States, and the efforts of the Jordanian government to limit terrorist activities in Jordan, he has mitigated the security concerns about his foreign influence. He did not intentionally falsify his security clearance application or his answers to interrogatories. His security clearance is granted. CASE NO: 11-00831.h1


Financial Considerations

03/30/2012

Applicant and his wife incorporated two limited liability corporations, which his wife operated as her business. When the economy declined in 2008, the corporations' businesses also declined. The SOR debts arise from the corporations' business operations. Applicant has resolved all but one debt, which is currently in litigation. He pays his personal bills and lives within his financial means. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-03711


Financial

03/16/2012

Applicant incurred financial problems when he and his wife divorced. Since 2010, Applicant has paid or developed a plan to resolve his debts. He has resolved many of the debts listed in the SOR and has a payment plan for others. He has demonstrated a meaningful track record of debt payment. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-02321.h1


Financial

03/16/2012

Applicant incurred financial problems when his business failed as a result of the economic downturn. He paid one past-due debt two years ago. He did not provide any documentation to show what he has done to resolve his remaining past-due debts. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-09313.h1


Financial

03/12/2012

Applicant's delinquent financial accounts were largely caused by the misplaced trust he placed in his mother to pay expenses he incurred on her behalf and to make payments toward his personal expenses with funds he provided her. He has acted responsibly and has now resolved most of his delinquent debt. Clearance is granted. CASE NO: 11-06744.h1


Financial

03/12/2012

Applicant's delinquent accounts are attributable to her husband abandoning their family and taking all their savings. She has acted responsibly in attempting to satisfy her delinquent creditors. Clearance is granted. CASE NO: 11-03422.h1


Financial

03/12/2012

Applicant's delinquent loans, secured by a first and second mortgage, were caused by his wife's decision to quit her employment and move with their children to a different state. Applicant has retained the assistance of an attorney to represent him in the ongoing foreclosure action. His credit reports disclose that he has otherwise paid all accounts "As Agreed" throughout his lifetime. Clearance is granted. CASE NO: 11-03248.h1


Personal Conduct; Drugs

03/08/2012

Applicant last used marijuana in 2004. He purchased marijuana for his roommate in an effort to alleviate the debilitating effects of her medical condition. She no longer resides with him and he has sought counseling to deal with the stress caused by her medical condition and their need to separate. Clearance is granted. CASE NO: 10-09988.h1


Drug Involvement, Personal Conduct

02/29/2012

Applicant experimented with cocaine and Vicodin, a prescription drug, in college. She also smoked marijuana between 2000 and 2003. She has not used illegal drugs since January 2007. Drugs are not a part of her life. Applicant has mitigated the Government's security concerns regarding her drug involvement and personal conduct. Clearance is granted. CASE NO: 11-02252


Financial

02/29/2012

Subsequent to his divorce in 2008, Applicant refused to pay the monies owed to his wife as a result of their divorce. He acknowledged that this was a poor decision and has initiated paying this debt. His decision not to pay this debt does not raise a security concern. He has mitigated the Government's security concerns under Guideline F and Guideline E. Clearance is granted. CASE NO: 10-03301.h1


Financial

02/28/2012

Applicant's delinquent financial accounts were caused by an extended period of unemployment and two automobile accidents. He has acted responsibly is attempting to satisfy all his delinquent creditors. Clearance is granted. CASE NO: 11-02821


Financial

02/28/2012

Applicant lost his house through foreclosure in October 2007. He has unpaid delinquent debts that he lacks the financial resources to satisfy. Clearance is denied. CASE NO: 10-02174.h1


Financial

02/24/2012

Applicant failed to mitigate the security concern that arises from his larcenous conduct and outstanding delinquent debts. Clearance is denied. CASE NO: 10-09382.h1


Drug Involvement, Alcohol Consumption, Personal Conduct

02/24/2012

Applicant began consuming alcohol and using illegal drugs regularly at the age of 18. His drug use led to an arrest for cocaine possession in 1979, and his alcohol consumption resulted in four driving under the influence (DUI) arrests, the last in 2001. He stopped using illegal drugs after his 1979 arrest and modified his alcohol consumption until 1994, when he stopped consuming alcohol for a period of time. He resumed moderate consumption of alcohol in 2005. Following a back injury, his used Percocet without a prescription for a few days, but has not since used prescription drugs without a prescription. In 2008, he smoked marijuana once at a party, but has decided not to smoke it again as he did not like the effect. He did not intentionally falsify his e-QIP. He mitigated the Government's security concerns. Clearance is granted. CASE NO: 10-00079


Financial

01/26/2012

Applicant's financial problems are the result of a career ending injury he sustained as a Coast Guard rescue swimmer and his wife's loss of a relatively high paying job. They have both acted responsibly in attempting to resolve their financial issues. Clearance is granted. CASE NO: 10-09747.h1


Financial Considerations

12/12/2012

Because the U.S. Government helped bail out a number of lending institutions in the late 2000s, Applicant feels he is no longer responsible for over $62,000 in delinquent debt he attributes to the machinations of the lending industry. Lacking a reasonable plan to address his delinquent debt, Applicant failed to mitigate financial considerations security concerns. Clearance denied. Case No. 12-03247h.1


Foreign Influence, Foreign Influence

12/10/2012

Applicant became a United States citizen in 2004. In 2007, she obtained a passport from her country of her birth, Israel. Remaining as citizens and residents in Israel are her parents, sister, three grandparents, and three uncles, two of whom have ties to the Israeli military. Applicant presented minimal evidence and information regarding her passport and her relatives. Security concerns remain unmitigated. Clearance is denied. Case No. 12-00138h.1


Foreign Influence; Foreign Preference

11/21/2012

Applicant is a U.S. citizen who was born to U.S. citizens working in Israel. After being raised in Israel, he moved to the United States to attend college. Applicant then joined the Israeli Defense Force (IDF) to see if he enjoyed military life before committing to a longer period of enlistment in the U.S. military. He returned to the United States after he was discharged from the IDF. Applicant failed to provide sufficient evidence to mitigate security concerns. Clearance is denied. Case No. 11-06577.h2


Alcohol Consumption; Criminal Conduct

10/31/2012

Applicant was arrested for driving under the influence of alcohol (DUI) four times in the 1980s, then once in 2009, as the result of occasional binge drinking. After an intensive treatment program, Applicant now understands modern views regarding binge drinking and its hazards. He has made lifestyle modifications to avoid future incidents, and has restricted his alcohol use to comport within socially accepted norms of the day. He has not consumed alcohol to excess in nearly four years. Applicant mitigated security concerns. Clearance is granted. Case No. 10-07777


Foreign Influence; Foreign Preference

09/28/2012

Applicant was born to U.S. citizens working in Israel. After being raised in Israel, Applicant moved to the United States to attend college, then joined the Israeli Defense Force (IDF) to see if he enjoyed military life before committing to a longer period of enlistment in the U.S. military. He was honorably discharged in late 2009 and has continued to live in the United States. Applicant failed to provide sufficient evidence to mitigate security concerns. Clearance denied. Case No. 11-06577


Sexual Behavior, Criminal Conduct, Personal Conduct

09/28/2012

Between 1998 and 2008, Applicant occasionally searched the Internet for images of nude women. In the process, he sometimes encountered images of females he believed to be between 15 and 17 years of age, although there is no independent evidence indicating that his estimations were correct. He quit searching for such imagery in June 2008. He told his wife of his past web searches. He experienced remorse for both his past secretiveness concerning those web searches, as well as for perceived breaches of his faith those searches represented. He has not searched for such images in over four years. Applicant has mitigated security concerns. Clearance is granted. Case No. 11-01033


Foreign Influence

09/21/2012

Applicant's brother is a noted researcher who was working in Singapore for an entity under the auspices of a Singapore ministry. There, he served in a managerial capacity for three years. He recently resigned that post and is now a professor at a U.S. university. He retains no nexus with Singapore sufficiently substantial to maintain loyalties to that nation equal or superior to those he has for the United States. Foreign influence security concerns are mitigated. Clearance granted. Case No. 11-14528


Drug Involvement; Personal Conduct

09/21/2012

From age 14 until 24, Applicant abused various illegal drugs, including prescription narcotics. In April 2007, he underwent doctor-supervised medical therapy and treatment to overcome his narcotics dependency. Now nearly 30, he has been drug-free for over five years, relocated, changed his lifestyle and associates, refocused his energies on healthy activities, finished a college degree, and expressed his commitment to remain drug-free. Applicant mitigated related security concerns. Clearance granted. Case No. 10-03920


Criminal Conduct; Personal Conduct

09/13/2012

Between 1985 and 2004, Applicant was charged with or found guilty of crimes ranging from operating a vehicle under the influence to domestic assault and battery. Since that time, he has married, become a father, moderated his use of alcohol, and found new focus in his life. However, an intentionally false answer on an October 2010 security clearance application sustain security concerns. Clearance denied. Case No. 11-05027


Personal Conduct; Alcohol Consumption

08/16/2012

Applicant began abusing alcohol in college. Over 20 years later, after maintaining a security clearance for nearly a decade, she used marijuana at a party in 2002. She failed to disclose her marijuana use to her security officer at the time, or on security applications in 2006 and in 2009. She eventually disclosed the fact when confronted with a polygraph test in 2010. She was diagnosed as an alcohol abuser in the same year. Applicant has since moderated her use of alcohol and now imbibes responsibly. Although she mitigated alcohol consumption security concerns, personal conduct security concerns remain unmitigated. Clearance is denied. Case No. 11-03446


Finances; Foreign Influence

08/08/2012

Applicant joined his parents in the United States in 1991 and became a U.S. citizen a few years later. While serving in the United States, he was deployed in the Republic of Korea (South Korea), the country of his birth. He has continued to work in that country as a defense contractor. There, he maintains monthly contact with a sibling and her husband, neither of whom knows the nature of his work, has a significant connection with a foreign government, or have expressed an interest in protected U.S. information. Another sibling, who is a citizen of the United States, misrepresented or permitted to be misrepresented significant facts about Applicant when she applied for a home loan and noted him as the borrower. Applicant provided evidence showing that she had no power of attorney to act on his behalf and reflecting many of the misrepresentations about his marital status, profession, residence, and contact information. Applicant mitigated financial considerations and foreign influence security concerns. Clearance granted. Case No. 11-05329


Finances

08/02/2012

Between 2005 and 2010, Applicant twice left jobs and had three children. The interrupted flow of income adversely affected her family's finances. In 2010, she became the primary provider for the family, but her income was insufficient to make progress on her delinquent debts. She has developed a debt consolidation repayment plan, but does not currently have the income to meet its terms for implementation. Applicant has no savings and rarely has more than $100 left over each month after expenses are paid. Lacking the present ability to make notable progress on her debts, and without more documentation demonstrating past efforts to address her debts, Applicant failed to mitigate financial considerations security concerns. Clearance denied. Case No. 10-07881


Criminal Conduct; Alcohol Consumption

07/31/2012

As a college senior, Applicant was a weekend binge drinker. After an evening of irresponsible drinking, he caused a traffic accident. While nobody was seriously injured, he treated this incident as a wake-up call to act more responsibly. He has since completed college, honored the terms of his conviction for careless driving and driving under the influence, received extensive counseling and treatment for alcohol abuse, found a job in his chosen career, and shown himself to be a highly valued employee. Applicant now surrounds himself with mature peers and comports himself appropriately. Although he has about 10 weeks remaining on his three-year period of probation, his rehabilitative efforts and maturation sufficiently mitigate any residual security concerns a sole incomplete requirement might otherwise represent. Clearance granted. Case No. 11-05673


Financial Considerations

07/16/2012

Applicant's ex-wife reneged on amicable divorce agreements as Applicant endured a period of unemployment lasting about 18 months. This led to his acquisition of over $30,000 in delinquent debt, including joint credit card debt and a significant child support arrearage. Applicant has since satisfied nearly $50,000 in child support and has been working with his credit card company's agent to settle his remaining balance, despite having been again unemployed for the past three years. Clearance is granted. CASE NO: 10-04934.h1


Foreign Influence

07/06/2012

Applicant is married to a former diplomat who defected from the Union of Soviet Socialist Republics (USSR) in the late 1980s. Until recently, he has worked in the United States for entities promoting U.S.-Russian projects and has maintained business, government, and personal contacts with Russian citizens. Applicant and her husband maintain regular contact with his parents, who are noted residents and citizens of Russia. Applicant presented scant facts about her own connections and loyalties to the United States and failed to expound on her husband's foreign contacts. Based on the lean record, foreign influence security concerns remain unmitigated. Clearance is denied. CASE NO: 10-03776.h1


Foreign Influence

04/26/2012

Applicant became a U.S. citizen over two decades ago, after immigrating here from Afghanistan. Remaining in Afghanistan as citizens and residents are an elderly brother, older sister, and a nephew who is connected in some capacity with that government. Applicant has had no contact with his brother since the 1990s due to a disagreement, and he has not had contact with his sister since 2009. Applicant once met his nephew in the mid-2000s, but they do not maintain contact. Applicant mitigated foreign influence security concerns. Clearance granted. Case No. 10-09550


Finances

03/28/2012

Applicant acquired over $15,000 in delinquent debt in the late 2000's after a major injury, protracted recuperation, and periods of unemployment and underemployment. He presented evidence that three smaller debts were addressed, but no documentary evidence indicating that he has attempted to address the remaining 15 debts at issue. Financial considerations security concerns are unmitigated. Clearance denied. CASE NO: 11-06393.h1


Personal Conduct, Foreign Influence

03/23/2012

While working in Russia for a government contractor between 2000 and 2002, Applicant had an extramarital affair with a Russian national, had multiple sexual trysts, socialized with Russian citizens and officials while intoxicated, failed to secure business property, and declined to report many of these instances until after he returned to the United States. His sister is a Russian citizen, teacher, and landowner with whom he currently maintains a strained relationship, but with whom he shares a close bond to their mother. Personal conduct and foreign influence security concerns remain unmitigated. Clearance is denied. CASE NO: 10-02671.h1


Criminal Conduct

03/15/2012

Applicant was cited for failing to register at a college dorm while visiting a friend in 2006, pled nolo contendere to a charge of underage drinking and disorderly conduct in 2009, refused to take a breathalyzer test in 2009, and was summoned as a potential suspect in a malicious destruction of property case that was later dismissed. Since those incidents, he has graduated from college, parlayed an internship into a lucrative full-time position, won the admiration of his work superiors, changed his lifestyle, and demonstrated genuine contrition over his past criminal acts. Criminal conduct security concerns are mitigated. Clearance granted. CASE NO: 11-01695.h1


Drugs, Personal Conduct

02/29/2012

Applicant used marijuana for a few months in late 2009, then again from October 2010 through January 2011 shortly after being granted a public trust position. While he has made considerable strides toward self-improvement and is credible in expressing his commitment to quitting drugs, there has been insufficient time to demonstrate his ability to remain drug-free. Drug involvement and personal conduct security concerns remain unmitigated. Clearance denied. CASE NO: 11-06859.h1


Foreign Preference, Foreign Influence

02/29/2012

Applicant moved to the United States from Iran 35 years ago. Since then, he has built a life in this country and maintained only minimal contact with older relatives remaining in Iran. A brother who is an Iranian citizen but a U.S. resident is an established businessman who has only maintained his Iranian citizenship because he has been too busy to complete the process. In 2010, Applicant went to Iran on a recently acquired Iranian passport for the sole purpose of adopting children. He did so with his employer's and the government's knowledge, then tendered that passport for destruction by his employer. Applicant mitigated related security concerns. Clearance granted. CASE NO: 11-01888.h1


Financial

02/24/2012

Applicant filed for bankruptcy when he married in order to eliminate the couple's debt. Because of his wife's "shopaholic" spending, Applicant again acquired significant delinquent debt within the next few years. To date, little progress has been made on addressing Applicant's debt. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 11-03827.h1


Finances

02/24/2012

Applicant relied on his wife to manage his accounts while he worked away from the home. Several years later, he discovered she was having an affair and had intentionally mishandled his accounts. He divorced, paid some debts, then sought Chapter 7 bankruptcy. Remaining at issue is approximately $280,000 in federal taxes owed. Although he has submitted an offer to compromise, that offer has yet to be accepted by the Internal Revenue Service. With resolution of this debt still pending , financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 10-06095.h1


Criminal Conduct; Personal Conduct; Alcohol Consumption

10-05/2012

Applicant mitigated most of his criminal conduct security concerns since they were minor and committed many years ago. However, he did not mitigate a security concern for the May 2010 criminal offense of showing obscene photographs to an underage girl. He is still on probation for this offense. He did not include this offense on his September 2010 security clearance application, so he did not mitigate security concerns for personal conduct. He mitigated security concerns for alcohol consumption since he has not consumed alcohol in over three years and is under medical care for anxiety and stress. Since Applicant has not mitigated all security concern, eligibility for access to classified information is denied. CASE NO: 11-04558.h1


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