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2014 Industrial Security Clearance Decisions

 

These 675 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

Guideline F

08/25/2014

Applicant failed to show that the Judge mis-weighed the evidence or that he failed to consider all of the evidence. The Judge’s reference to a Government database was not based upon anything in the record and was speculative. This was harmless error, however. Adverse decision affirmed. CASE NO: 13-01074.a1


Financial

08/21/2014

Applicant is a 39-year-old employee of a defense contractor. She provided sufficient evidence to mitigate the security concerns arising from her financial problems. Clearance is granted. CASE NO: 14-01041.h1


Financial

08/21/2014

Applicant failed to mitigate the security concerns raised by his $4,500 in unresolved debt most of which consisted of delinquent child support payments. Clearance denied.


Financial

08/21/2014

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 14-00220.h1


Guideline F

08/21/2014

Applicant was placed on reasonable notice of her right to submit matters in response to the File of Relevant Material. Hearing Office decisions are not binding on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. CASE NO: 12-04508.a1


Criminal Conduct; Personal Conduct; Financial

08/20/2014

Applicant accumulated 36 delinquent debts totaling $38,157 between 2009 and 2013. From 1985 to 2011, Applicant was charged with 25 criminal violations or traffic infractions. She falsified her electronic Questionnaires for Investigative Processing (e-QIP). Resulting security concerns were not mitigated. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 13-01150.h1


Financial

08/20/2014

Applicant’s business declined due to the recession in 2008. Her husband was unemployed for nine months. During the years of the failing business, and during her husband’s unemployment, Applicant became the family’s sole support, and maintained the finances for four years. However, by 2012, she was unable to meet her mortgage payments. She filed a Chapter 7 bankruptcy petition in 2014, which was successfully discharged. Applicant and her husband now both have full-time jobs, with a substantial monthly remainder. Security concerns regarding finances have been resolved. Clearance is granted. CASE NO: 12-04658.h1


Financial

08/19/2014


Financial

08/18/2014

Applicant accumulated approximately $27,000 of delinquent debt since 2003, and failed to file his 2011 Federal income tax return. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-00514.h1


Guideline B; Guideline E; Guideline F

08/18/2014

The Judge’s challenged finding about Applicant’s foreign passport were based on her clearance interview. The Judge’s analysis is sustainable. Adverse decision affirmed.


Financial Considerations

08/18/2014

Applicant accrued a number of delinquent debts following the sale of his restaurant business in 2007. Most of the accrued debts covered owed federal and state related to the sale of his business. Several debts were medical-related that resulted from billed services not covered by his insurance coverage limits. Applicant has since paid all of his accumulated debts and is current with all of his other debts. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 12-04532.h1


Guideline F; Guideline E

08/18/2014

The Board gives deference to a Judge’s credibility determinations. Adverse decision affirmed.


Financial

08/18/2014

Applicant has unpaid state tax liens. He filed chapter 11 bankruptcy in 2010, which has not yet been discharged. Applicant purchased about 25 investment properties from 2007 to 2008. He could not maintain operating costs. He also attempted a commercial venture. He did not want his family income affected, so he elected to file for bankruptcy. I have doubts about his judgment concerning the numerous investment properties. Eligibility for a security clearance is denied. CASE NO: 12-03354.h1


Guideline E

08/18/2014

The Board has no authority to grant a lower level clearance as an intermediate solution, if Applicant is ineligible for the sought after level of clearance. Adverse decision affirmed.


Financial; Personal Conduct; Foreign Influence

08/15/2014

Applicant accumulated 20 delinquent debts, totaling about $32,187, and he has not resolved any of them. When he submitted his security clearance application, he intentionally did not disclose that he had delinquent debts turned over to collection agencies and accounts that were suspended, charged off, or cancelled for nonpayment. His wife and her parents are citizens and residents of Peru. Applicant has mitigated security concerns based on foreign family connections, but he has not mitigated the concerns raised by his financial problems and lack of candor on his security clearance application. Clearance is denied. CASE NO: 14-00546.h1


Financial

08/15/2014

Applicant’s financial problems were the result of circumstances beyond his control. Although he should have been more diligent in addressing his delinquent debts, documentary evidence shows he contacted creditors, established payment plans, and has been making payments on his debts. Now that his wife has full-time employment, their combined income should be sufficient for Applicant to resolve his financial problems in the near future. Clearance granted. CASE NO: 14-00058.h1


Financial

08/15/2014

Applicant accumulated 16 debts. He incurred these debts as a result of a costly 2004 divorce and the recession. Applicant has paid, is making payments, or has otherwise resolved all of his debts. He submitted a budget reflecting that he is living within his means and is regaining financial responsibility. CASE NO: 14-00044.h1


Financial

08/15/2014

Applicant incurred delinquent debt as a general contractor when his customers did not pay on time. He was unable to pay his sub-contractors and they filed liens and judgments. He incurred a state income tax debt because his former employer did not forward to the state the income taxes. He disputes other small debts. He has an agreed settlement with the state for the taxes. He filed a Chapter 13 bankruptcy petition to structure the lien and judgment debts but the petition was dismissed through no fault of Applicant after he paid on the plan for ten months. He now has a plan to pay the liens and judgments directly. Applicant presented sufficient information to mitigate the financial security concerns. Eligibility for access to classified information is granted. CASE NO: 12-05035.h.1


Financial

08/15/2014

Applicant received a Chapter 7 bankruptcy discharge in 2003. Thereafter, he accumulated numerous debts that became delinquent in 2006 and 2007. In November 2010, he negotiated a payment agreement for one of four debts alleged in the SOR, but he failed to produce evidence of compliance with the agreement. He took no meaningful action to resolve his other delinquent debts until he learned in January 2012 that his security clearance was in jeopardy. Clearance is denied. CASE NO: 12-04293.h1


Financial

08/14/2014

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 14-00167.h1


Guideline F

08/14/2014

Because Applicant had admitted the allegations in the SOR, the Government had no burden of production. The Directive presumes a nexus between admitted or proved conduct and an applicant’s security worthiness. An adverse decision does not necessarily mean that the applicant will engage in criminal conduct. Rather, it is an examination of circumstances that raise concerns about the applicant’s judgment and reliability. Applicant failed to rebut the presumption that the Judge was unbiased. Applicant failed to make a prima facie showing that he had submitted evidence that did not make it into the record. Applicant failed to rebut the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 13-00987.a1


Financial

08/13/2014

Applicant is a 40-year-old employee of a federal contractor. He did not present sufficient evidence to mitigate the financial considerations security concern stemming from his ongoing financial problems. Clearance is denied. CASE NO: 14-00716.h1


Drugs

08/13/2014

Applicant mitigated the Drug Involvement security concerns that arose out of his infrequent recreational drug use from 2001 to 2011. Eligibility for access to classified information is granted. CASE NO: 14-00143.h1


Financial

08/13/2014

Applicant still owes a significant amount for two federal tax liens. He has been in repayment status for several years. He has other unresolved delinquent debts that he cannot pay due to the amount he pays to the IRS. He also has a state tax franchise bill that is not resolved. Applicant had circumstances beyond his control in 2010 and he is making progress. However, he did not present sufficient information to mitigate the security concerns under the financial considerations guideline. Eligibility for a security clearance is denied. CASE NO: 12-04144.h1


Financial

08/12/2014

Applicant is a 43-year-old employee of a federal contractor. He did not present sufficient evidence to mitigate the financial considerations security concern stemming from his ongoing financial problems. Clearance is denied. CASE NO: 14-00527.h1


Financial

08/08/2014

Applicant’s financial problems were caused by his reduction in grade, discharge from the service, and unemployment period. He started working for government contractors in August 2013, and was released of all dischargeable debts in May 2014. He participated in financial counseling, is following a budget, and he and his family established significant lifestyle changes to prevent further financial problems. He has not acquired any additional delinquent debts, and there is no evidence that he currently has a financial problem. Considering the circumstances of this particular case, Applicant’s past financial problems do not show he lacks judgment, reliability, or trustworthiness. Clearance granted. CASE NO: 14-00329.h1


Guideline F

08/08/2014

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


Guideline F

08/08/2014

The Judge’s concern about the paucity of mitigating and corroborating evidence is valid. Adverse decision affirmed.


Guideline F

08/08/2014

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


Foreign Influence; Foreign Preference

08/07/2014

Applicant’s mother, father, brother, sister-in-law, nephews, mother-in-law, father-in-law, and other extended-family members are citizens and residents of Taiwan. He exercised Taiwanese citizenship by using his Taiwanese passport to travel to Taiwan on numerous trips after becoming a U.S citizen and prior to the passport’s destruction. Security concerns raised under Foreign Influence and Foreign Preference are not mitigated. CASE NO:14-01038.h1


Financial

08/07/2014

Applicant suffered heart attacks in 2007, 2008, 2010, 2011, and 2014. As a result, he had unemployment intermittently for almost a year during that period of time. He has been employed since October 2011 and earns $95,000 a year. He has incurred delinquent debts amounting to almost $78,000. He recently sought legal counsel and his plan to resolve the delinquent debts is to file bankruptcy. He has not yet filed a petition but has obtained legal representation. He has not presented sufficient documentation to mitigate the financial considerations concern. Eligibility for a security clearance is denied. CASE NO: 14-00156.h1


Financial

08/07/2014

Applicant's failure to document his claimed settlement of a delinquent $20,000 judgment rendered him an unsuitable candidate for access to classified information. Clearance denied.


Financial

08/05/2014

Applicant’s statement of reasons alleged 33 debts totaling $35,643. Department Counsel withdrew four of the debts; however, 29 debts remain unmitigated. Eligibility for a public trust position is denied.


Financial

08/05/2014

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts and unpaid taxes. Clearance is denied. CASE NO: 14-00133.h1


Financial

08/04/2014

Applicant failed to mitigate the security concerns raised by his financial situation. His delinquent debts, which include judgments and seriously past-due tax debts, total over $25,000. He has received financial counseling and resolved a significant amount of other debt. However, he is not currently repaying or working to resolve the seriously past-due debts that remain. His finances are not under control and it appears highly likely that his poor financial situation, and the attendant security concerns raised by his poor finances, will continue for some time. Clearance is denied. CASE NO: 14-00669.h1


Guideline F

08/04/2014

Mitigation under Guideline F does not require payment of all debts. It does require that the applicant remove concerns about his ot her reliability and trustworthiness raised by those debts. Applicant has demonstrated a track record of debt resolution, thereby showing the degree of reliability and trustworthiness contemplated by Guideline F, despite a lack of cooroborating evidence regarding the disposition of two remaining SOR debts. The Judge’s adverse findings are not sustainable. Adverse decision reversed.


Guideline H; Guideline E

08/04/2014

The Board does not share Applicant’s interpretation of Guideline E that there must be several instances of misconduct. Rather, the Guideline only requires that the misconduct fall under several adjudicative areas. Adverse decision affirmed.


Foreign Influence; Foreign Preference

08/04/2014

Applicant, a naturalized U.S. citizen, mitigated the security concerns about his ties to and interests in Israel. He also mitigated the security concerns about his possession and use of an Israeli passport. Clearance is granted. CASE NO: 12-10042.h1


Personal Conduct; Financial

08/01/2014

Applicant has 18 delinquent debts, totaling $10,529. Applicant testified that she repaid one debt, but failed to produce adequate documentation to substantiate her claim. All of Applicant’s other debts remain unaddressed. Additionally, security concerns were raised because Applicant intentionally failed to disclose her debts on her electronic Security Clearance Application (e-QIP). Applicant failed to mitigate the financial and personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 14-00526.h1


Financial; Personal Conduct

08/01/2014

Applicant has yet to address his past-due indebtedness that is in excess of $50,000. He also was not candid during a 2003 interview, and falsified his August 2013 e-QIP. Clearance is denied. CASE NO: 14-00450.h1


Financial

08/01/2014

Applicant's past due indebtedness is directly attributed to his 2006 separation, and to his 2008 divorce. He has addressed all of his alleged past-due debts. Clearance is granted. CASE NO: 14-00420.h1


Foreign Influence; Foreign Preference

07/31/2014

Applicant’s Jordanian passport is expired and he does not intend to renew it. Foreign preference security concerns are mitigated, but Applicant did not mitigate the foreign influence security concerns raised by his family members living in Jordan. Clearance is denied. CASE NO: 14-00778.h1


Foreign Influence

07/31/2014

Applicant has mitigated the security concerns under the foreign influence guideline. He is a naturalized U.S. citizen who lives in the United States with his wife and two children who are U.S. citizens. From 2003 until 2008, he worked as a linguist for the U.S. military in Iraq. His loyalty to the United States outweighs his wife's family in Iraq. Eligibility for a security clearance is granted. CASE NO: 14-00068.h1


Financial; Personal Conduct

07/31/2014

Applicant has mitigated the security concerns raised by her past-due debts. She also resolved personal conduct issues. Clearance is granted. CASE NO: 14-00051.h1


Foreign Influence; Personal Conduct

07/31/2014

Applicant’s connections to his wife’s relatives in Belarus are outweighed by his connections to family members in the United States. He has established deep and longstanding relationships and loyalties in the United States. His many years working for the United States in imminent danger areas show that he can be expected to resolve any conflict of interest in favor of the United States. Foreign influence security concerns are mitigated. The personal conduct security concerns resulting from his falsifications of security clearance applications and false statements to investigators are not mitigated. Eligibility for access to classified information is denied. CASE NO: 13-00142.h1


Financial

07/31/2014

Applicant is a 50-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his financial problems. Clearance is denied. CASE NO: 12-04650.h1


Foreign Influence; Personal Conduct

07/31/2014

Applicant has ties to immediate family members who are citizen-residents of Iran, which is a state sponsor of terrorism, engages in human rights abuses, and targets intelligence operations against the United States. Applicant's relationships raise concerns about foreign exploitation and possible conflicts of interest. Applicant also failed to be candid in disclosing foreign residence, employment, and voting. Security concerns under Guideline B and E are not mitigated. Clearance is denied. CASE NO. 12-02751.h1


Foreign Influence; Financial

07/31/2014

Applicant is a naturalized U.S. citizen from Afghanistan who has immediate family members who are citizens and residents of the country. Afghanistan is a country that presents a heightened risk, and his family contacts to Afghanistan are considerable and present potential conflicts of interest. Foreign influence concerns are not mitigated. Additional security concerns are posed in connection with the state of his finances. His accumulated delinquent debts have not been materially resolved and are not mitigated. Clearance is denied.


Financial

07/30/2014

Applicant is 42 years old and employed as a Logistics Engineer by a defense contractor. His history of excessive indebtedness has been mitigated by a good-faith effort to resolve his debts. Sufficient mitigation is shown. Clearance is granted. CASE NO: 14-005361.h1


Financial

07/30/2014

Applicant and her husband lost employment and could not pay their monthly mortgage payment. This occurred in 2008 and 2009. Applicant gained regular employment in 2010. She applied for various loan modifications, but there is no resolution plan in place. She and her husband have lived in the house until the present time. She has had circumstances beyond her control, but has not met her burden to prove that she has mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is denied. CASE NO: 14-00251.h1


Drugs

07/30/2014

Applicant is 31 years old and is employed as a Software Engineer for a defense contractor. His history of drug involvement involving ecstacy and marijuana has not been mitigated. Clearance is denied. CASE NO: 14-00228.h1


Financial

07/29/2014

Although Applicant has made some progress in reducing her delinquent debts, it is too soon to conclude that she has mitigated the security concern given the amount that remains outstanding and an absence of a clear plan to address the remaining debts. Clearance is denied. CASE NO: 14-00151.h1


Drugs

07/29/2014

Applicant is 22 years old and is employed as a Data Analyst for a defense contractor. His history of marijuana that began in high school, in 2008, and continued through college, 2009-2013, and up until February 2014, has not been mitigated. Clearance is denied. CASE NO: 14-00132.h1


Criminal Conduct

07/29/2014

Applicant established his eligibility for access to classified information. He has reformed his past behavior and the circumstances that contributed to his past conduct have substantially changed. Together, these significant changes mitigate the concerns raised by his past criminal conduct. Clearance is granted. CASE NO: 13-00292.h1


Financial; Personal Conduct

07/28/2014

Applicant mitigated the financial concerns, but failed to mitigate the personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 14-00449.h1


Drugs

07/28/2014

Applicant made various admissions concerning his drug abuse and distribution between 2005 and 2012. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-00041.h1


Financial

07/28/2014

Applicant is a 63-year-old employee of a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from his financial problems. Clearance is granted. CASE NO: 13-01296.h1


Financial

07/28/2014

Applicant is a 39-year-old employee of a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from his financial problems. Clearance is granted. CASE NO: 13-01295.h1


Guideline K; Guideline E

07/28/2014

The Judge’s finding that Applicant’s security violations were not the result of honest mistakes is sustainable. The Directive presumes a nexus between admitted or proven conduct under any of the Guidelines and an applicant’s security worthiness. Applicant failed to rebut the presumption that the Judge considered all of the evidence in the record. We give deference to a Judge’s credibility determination. Hearing Office cases are binding neither on other Hearing Office Judges nor on the Appeal Board. Adverse decision affirmed. CASE NO: 11-10255.a1


Financial

07/25/2014

Applicant has delinquent debt in the amount of $249,861 which resulted from investment properties that were foreclosed. He recently filed a Chapter 13 bankruptcy, but there is not sufficient documentation that the plan has been confirmed or that he has a history of plan payments. He has not mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is denied. CASE NO: 14-00017.h1


Foreign Influence, Foreign Preference

07/25/2014

Applicant held a Russian passport, but surrendered it to his facility security officer. Security concerns under Guideline C, foreign preference, are mitigated. However, he has ties to his mother-in-law, who is a citizen and resident of Russia. He maintains ongoing contact with her. Security concerns under Guideline B, foreign influence, and are not mitigated. Access to sensitive information is denied. CASE NO: ADP 13-01305.h1


Guideline B

07/25/2014

The political prominence of Applicant’s family including their execution by terrorists (along with Applicant’s own history of visibility) could persuade a reasonable person that Applicant may come to the attention of forces that could attempt to pressure Applicant. Adverse decision affirmed.


Guideline F

07/25/2014

The language of the Directive is broader than a concern that an applicant might engage in illegal acts to pay his debts. Applicant bears the burden of persuasion as to mitigation. Adverse decision affirmed.


Financial

07/25/2014

Applicant permitted his finances to suffer while he helped two friends who were going through difficult times. He paid or settled a number of debts, and he has a plan to address his two remaining delinquent debts. Financial considerations trustworthiness concerns are mitigated. Clearance is granted. CASE NO: 12-03431.h1


Guideline F

07/25/2014

There is record evidence which supports the challenged finding regarding a Tax lien. Even if the finding was error, it would be harmless given the totality of Applicant’s delinquent indebtedness. Adverse decision affirmed.


Guideline F; Guideline E

07/25/2014

In evaluating an Applicant’s mens rea, we consider omissions and false statements in light of the record as a whole. Adverse decision affirmed.


Financial

07/25/2014

Applicant is a 53-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his financial problems. Clearance is denied. CASE NO: 12-02313.h1


Financial

07/24/2014

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-00499.h.1


Financial

07/24/2014

Applicant is a 47-year-old employee of a defense contractor. He stated that his ex-wife was responsible for his delinquent debts. He established that his divorce decree ordered his ex-wife to pay some of their debts, but he did not establish that she was ordered to pay the debts alleged in the statement of reasons. Clearance is denied. CASE NO: 14-00232.h1


Financial

07/24/2014

Applicant accrued more than $31,000 in delinquent debt between 2007 and 2011. Although he has paid three of the debts, most of his past-due obligations have not been addressed. He failed to support his claims that he is able and willing to resolve his financial problems. His request for a position of trust is denied. CASE NO: 12-09373.h2


Financial

07/24/2014

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-01071.h1


Financial; Criminal Conduct

07/23/2014

Applicant has not mitigated the concerns raised by his criminal conduct and history of financial problems. Clearance is denied. CASE NO: 14-00652.h1


Finances, Personal Conduct

07/23/2014

Applicant acquired nearly $27,000 in delinquent debt that has been neglected for several years. To date, no progress has been made on those debts. Financial considerations security concerns remain unmitigated. Personal conduct security concerns regarding his security clearance applications, however, were mitigated. Clearance is denied. CASE No.: 14-00479.h1


Foreign Influence, Foreign Preference

07/23/2014

Applicant was born and raised in Taiwan. He immigrated to the United States in 1981 and became a citizen in 1991. He has numerous family members who are residents and citizens of Taiwan, whom he visits regularly. He uses a Taiwanese passport to travel there. Based upon a review of the record evidence, eligibility for access to classified information is denied.


Finances

07/23/2014

Applicant acquired delinquent debt when unexpectedly ordered to pay child support at a higher level than anticipated. He economized, prioritized his creditors, and took a second job to limit his delinquencies, then took a higher-paying position. With counseling and the increased income, he has addressed the delinquent debts at issue, started saving for his future, and lives within his means. Clearance is granted. CASE No.: 14-00119.h1


Financial

07/23/2014

Applicant is 44 years old. He incurred over $113,000 in credit card debt that he personally guaranteed when he was starting a business. His business failed and Applicant does not intend to repay these debts because the statute of limitations has run barring the creditors from suing, and he believes he should not be liable because he used the credit cards only for business expenses. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 13-01304.h1


Criminal Conduct; Financial

07/23/2014

Applicant, a 69-year-old linguist, has a history of financial problems that are no longer a concern. In 2010 2011, he was charged with the fourth-degree sexual assault of an employee of his fast-food franchise, and he has not provided reliable documentary evidence showing the disposition of the criminal conduct. He did not present sufficient evidence to explain and mitigate the criminal conduct security concern. Clearance is denied. CASE NO: 13-01137.h1


Financial Considerations

07/23/2014

Applicant’s financial problems were largely beyond his control. When the economy became less stable and work diminished, the cost of fuel, repairs, and general overhead increased, making it more difficult for him to maintain his monthly payments. He scrambled to keep everything going, but was forced to sell his assets and lay off employees. Eventually, the business was shut down. Applicant had lost all of his assets. He sought any type of employment to make some money to pay his bills, for his only other income was his Navy pension. He lived with friends and worked any jobs he could find. He mowed lawns with a push mower, pumped septic tanks, and repaired vehicles. Applicant’s problems were intensified when he had a stroke. Applicant rejected filing for bankruptcy. Once he started making a regular salary, Applicant approached many of his creditors in an effort to set up repayment arrangements. He obtained financial counseling from three sources. The vast majority of the SOR-debts have been resolved. Other debts are in repayment plans, and Applicant has either commenced making the required payments, or is about to do so. The status of the remaining accounts remains unclear, but it appears that Applicant is still attempting to resolve them. There are clear indications that Applicant’s financial problems are under control. His actions under the circumstances confronting him, do not cast doubt on his current reliability, trustworthiness, or good judgment. Clearance is granted. CASE NO: 12-04241.h1


Financial

07/22/2014

Applicant has mitigated the financial concerns set forth in the SOR. Clearance is granted. CASE NO: 14-00478.h1


Guideline J; Guideline E

07/22/2014

There is no basis to conclude that the Judge did not consider all the record evidence. Adverse decision affirmed.


Guideline F

07/22/2014

A party is required to raise claims of error with specificity. Adverse decision affirmed.


Financial

07/21/2014

Applicant's debts do not indicate poor judgment or a lack of trustworthiness. His current finances are sound and do not present a security concern. His request for continued access to classified information is granted. CASE NO: 12-01774.h1


Foreign Preference; Foreign Influence

07/18/2014

Foreign preference and Foreign influence concerns are raised over Applicant's past possession of an Afghan passport and having two family members who are citizens and residents of Afghanistan. Applicant mitigated foreign preference concerns by surrendering his Afghan passport and expressing his interest in renouncing his dual Afghan citizenship and mitigated foreign influence concerns by minimizing any heightened risks associated with his linguist duties in Afghanistan. Clearance is granted. CASE NO: 13-01135.h1


Financial

07/17/2014

Applicant did not provide sufficient evidence to mitigate the security concerns raised by her history of delinquent debts, defaulted student loans, and unpaid taxes. Eligibility for access to sensitive information is denied. CASE NO: 14-00700.h1


Financial

07/17/2014

Applicant is 50 years old. She experienced financial problems when she was out of work due to medical issues and then lost her job. She paid all of her debts, except one that she has a payment plan for, and another where there is a legitimate dispute. Applicant is addressing her financial issues. She has mitigated the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 14-00414.h1


Criminal Conduct; Alcohol; Personal Conduct

07/17/2014

Applicant mitigated the criminal conduct, alcohol consumption, and personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 14-00165.h1


Personal Conduct

07/17/2014

Applicant is a 52-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his questionable conduct and false statements. Clearance is denied. CASE NO: 14-00114.h1


Foreign Influence; Criminal Conduct

07/17/2014

Applicant serves with the U.S. forces in Afghanistan. He has not had any contact with his former Afghan mother-in-law, his uncle, and his cousin since 2005. He has had no contact with his former spouse since their divorce in June of 2013. His last alleged act of criminal conduct occurred more than three years ago, and the alleged victim has recanted Applicant's criminal involvement Clearance is granted. CASE NO: 14-00032.h1


Financial; Personal Conduct; Criminal Conduct

07/17/2014

Applicant mitigated the criminal conduct security concerns, but failed to mitigate the financial considerations and personal conduct concerns. He has over $30,000 in delinquent debts. He amassed this debt after being granted a Chapter 7 bankruptcy discharge five years ago. He took no action to address his finances after repeatedly promising to do so during the course of the current security clearance process. He has a long track record of traffic offenses, even while on probation, that raises concerns he may similarly disregard rules and regulations regarding the proper handling of classified information. Clearance is denied. CASE NO: 13-01263.h1


Guideline B; Guideline E

07/17/2014

The Judge’s findings about the inconsistencies in Applicant’s statements regarding his foreign contacts are supported by the evidence. Considering this evidence, along with Applicant’s SOR admissions, a reasonable person could believe that Applicant’s failure to disclose these persons in his current SCA was deliberate. Adverse decision affirmed.


Guideline F

07/17/2014

The Judge found that Applicant had not presented any information about his wife’s income, despite the fact that contained in the record was a notification of deposit document appearing to reference salary deposited into her account. A Judge is presumed to consider every piece of evidence in the record. However, in the case before us, the Judge’s finding is sufficient to overcome the presumption that he considered the notification. Adverse decision remanded.


Criminal, Drugs, Alcohol, Financial, Personal Conduct

07/17/2014

Applicant is 42 years old. He has a long history of criminal conduct, drug abuse, and alcohol problems. He continued to use illegal drugs after completing his government application and his interview with a government investigator. Applicant failed to mitigate the criminal conduct, drug involvement, alcohol consumption, and personal conduct trustworthiness concerns. He had some delinquent debts that he resolved. The financial considerations concerns are mitigated. Eligibility for access to sensitive information is denied. CASE NO: 12-06663.h1


Financial

07/17/2014

Applicant has yet to address 7 past-due debts totaling more than $155,000. Clearance is denied. CASE NO: 11-14723.h1


Financial

07/16/2014

Applicant is a 47-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: 14-00063.h1


Personal Conduct

07/15/2014

Security concerns were raised under the Guideline for Personal Conduct because Applicant was terminated by her employer for misconduct. Applicant mitigated the Personal Conduct concerns. Eligibility for access to classified information is granted. CASE NO: 13-01322.h1


Financial

07/14/2014

Applicant's financial problems were caused by circumstances beyond her control. She timely addressed most of the debts alleged in the SOR and her personal finances are improved. Her financial problems do not indicate poor judgment or a lack of trustworthiness, and she is not likely to incur such financial problems in the future. Her request for continued access to classified information is granted. CASE NO: 12-06684.h1


Financial

07/14/2014

The financial problems that compelled Applicant to obtain a Chapter 7 bankruptcy discharge in 2002 and the financial problems that led to the foreclosure of his home mortgage occurred more than five years apart. Both periods of financial difficulty were caused by circumstances beyond his control. Currently, Applicant, despite a modest income, is managing his finances without using credit, and has saved $20,000 toward his retirement. Clearance is granted. CASE NO: 12-03066.h1


Financial

07/11/2014

Applicant had 35 delinquent debts totaling $18,700, identified on the Statement of Reasons (SOR). Applicant is making payments on the majority of those debts through a credit counseling organization, in which she enrolled in November 2013. Applicant formally disputed all but one of the remaining delinquent accounts with the credit reporting agencies. Applicant is making a good-faith effort to pay or otherwise resolve her debts. Eligibility for access to classified information is granted. CASE NO: 13-01356.h1


Financial

07/10/2014

Applicant lost her employment in September 2012 due to a reduction in force. She did not find employment until November 2013. She had no financial difficulties before losing her position. She has worked for defense contractors for many years. Applicant held a security clearance without incident during that time. Applicant could not maintain her mortgage payments and has attempted several modifications. She went to foreclosure mediation in April 2014. She has retained counsel to assist her with the issue, as well as a charged-off account for a vehicle repossession. Applicant has prioritized her debts and is working to resolve them. Applicant has mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is granted. CASE NO: 14-00657.h1


Financial

07/09/2014

Applicant has one unresolved delinquent student loan debt that has increased to $17,868 while held by a collection agency. Despite five years of continuous employment, he demonstrated no effort to repay or otherwise resolve it. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-00409.h1


Guideline E; Guideline D; Guideline B

07/09/2014

Applicant’s multiple inconsistent statement reduce the weight that can be assigned to his testimony. The Judge made sustainable findings that Applicant has a significant history of poor judgment. Adverse decision affirmed.


Guideline F

07/09/2014

Absent corroboration of Applicant’s claims, the Judge could reasonably conclude the financial problems were ongoing. Adverse decision affirmed.


Personal Conduct; Financial

07/08/2014

Applicant has not mitigated the Financial Considerations security concerns created by his failure to file Federal income tax returns and to pay a past-due Federal tax delinquency. Additionally, he failed to mitigate the Personal Conduct security concerns related to the falsification of his Electronic Questionnaires for Investigations Processing (e-QIP). Eligibility for access to classified information is denied. CASE NO:14-00405.h1


Criminal

07/08/2014

Applicant is 29 years old. In 2012 he was convicted at a Special Court-Martial for wrongful use and possession of a controlled substance. He used the substance to enhance and expedite his workouts. He used the substance in 2011 and learned later it was illegal. Applicant provided substantial evidence that he is rehabilitated. Applicant mitigated the security concerns under Guideline H, drug involvement. Clearance is granted. CASE NO: 14-00387.h1


Financial

07/08/2014

Applicant is a 31-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: 14-00128.h1


Foreign Influence; Foreign Preference

07/08/2014

Applicant, who was born in Jordan, is a dual citizen of the United States and Jordan. She has lived in the United States since 2004. Her parents and extended family live in Jordan. Applicant has not surrendered her valid Jordanian passport. She uses the Jordanian passport for convenience. She has renewed the passport twice. Although she gave thought to renouncing her citizenship and surrendering her passport, she has changed her mind. Applicant travels to visit family in Jordan and uses her Jordanian passport. She also possesses a valid American passport. Applicant has not met her burden to mitigate the security concerns under foreign influence and foreign preference. Eligibility for a security clearance is denied. CASE NO: 13-01179.h1


Guideline E

07/08/2014

We find no reason to disturb the Judge’s credibility assessment. Adverse decision affirmed.


Foreign Influence

07/08/2014

Applicant is 41 years old. He is a naturalized citizen of the United States who has significant family ties to Afghanistan and Pakistan. Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Clearance is denied. CASE NO: 13-00641.h1


Financial

07/08/2014

Applicant’s statement of reasons (SOR) alleges 16 delinquent debts, totaling $72,174. He settled, paid, or resolved 13 SOR debts. Two debts totaling $17,729 are in the process of resolution through payment plans. One debt for $12,000 is in settlement negotiations. Financial considerations concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 12-06822.h1


Guideline E; Guideline K

07/08/2014

The Judge’s application of collateral estoppel of issues decided in MSPB proceedings did not impair Applicant’s ability to present a case in mitigation and extenuation. Applicant’s argument that DOHA was obliged to grant him a clearance due to the NISPOM’s reciprocity provision is inconsistent with the language of the provision. Adverse decision affirmed.


Drugs

07/07/2014

Applicant is 44 years old. He used marijuana with varying frequency from 1984 to April 2013. He does not intend to use marijuana in the future if he holds a security clearance and it remains illegal. Applicant failed to mitigate the security concerns under Guideline H, drug involvement. Clearance is denied. CASE NO: 14-00642.h1


Drugs; Personal Conduct

07/07/2014

Applicant’s illegal marijuana use while possessing a security clearance in 2013 violated the trust placed in him by the Government. His criminal behavior raises serious questions about his reliability, trustworthiness, judgment, ability to comply with the law and follow regulations, and his ability to protect classified information. Clearance is denied. CASE NO: 14-00500.h1


Financial

07/07/2014

Applicant is 53 years old. He was unwilling to pay a legitimate credit card debt because he was unhappy when the creditor raised the interest rate on the debt. Post-hearing Applicant negotiated a settlement and paid the debt. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 14-00266.h1


Personal Conduct, Financial

07/07/2014

Applicant is 50 years old. He has a long history of financial problems that remain unresolved. He intentionally failed to disclose his delinquent debts on his security clearance application. Applicant failed to mitigate the security concerns under Guideline F, financial considerations, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 14-00146.h1


Financial

07/03/2014

Applicant has mitigated the security concerns under the financial considerations guideline. Applicant had many circumstances beyond his control that hindered his financial stability. He has provided sufficient documentation that his delinquents debts are being resolved. Clearance granted. CASE NO: 14-0066.h1


Financial

07/03/2014

Applicant’s statement of reasons (SOR) describes one delinquent mortgage account that is past due in the amount of $21,207, and it has an unpaid balance of $120,225. He failed to provide sufficient documentation of progress resolving his financial problems. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-05907.h1


Guideline F

07/03/2014

The ability of Judges to meaningfully and accurately apply a state’s statutes will very from case to case, depending on the quality of the record. In this case, the Judge was provided with enough specifics to enable her to apply a state anti-deficiency statute. There were sufficient facts in mitigation to support the Judge’s ultimate conclusions. Favorable decision affirmed.


Guideline E; Guideline F

07/03/2014

The number of false answers contained in two different SCAs, Applicant’s experience with the security clearance process, his admission that he answered as he did in order to complete his SCAs quickly, and the Judge’s evaluation of Applicant’s credibility support the Judge’s findings that Applicant’s omissions were deliberate. Adverse decision affirmed.


Drugs; Personal Conduct

07/02/2014

Applicant mitigated the security concerns at issue. In 2011, she used marijuana after being diagnosed with a life threatening disease. Over the past three years, her illness and life-extending medical treatment have taken an untold toll on her body, but she has not used marijuana or other illegal drug to cope with her situation. Applicant established that she will not engage in illicit drug use in the future. She revealed her marijuana use on her current security clearance application, fully cooperated with the background investigation, and demonstrated that she will continue to properly handle and safeguard classified information. Clearance is granted. CASE NO: 13-01346.h1


Personal Conduct

07/02/2014

Applicant is 39 years old. He wrongfully retained money from billing overpayments received by his company, rather than refund the client. He advised an employee to falsify information on her security clearance application. He failed to follow security manual procedures. Applicant failed to mitigate the security concerns under Guideline E, personal conduct. Clearance is denied. CASE NO: 12-00736.h1


Financial

07/02/2014

Applicant, a 37-year-old software engineer, has a history of federal tax problems consisting of tax liens and more than $30,000 in back taxes. He did not present sufficient evidence to explain and mitigate the financial considerations security concern. Clearance is denied. CASE NO: 11-14508.h1


Financial

07/01/2014

Applicant stopped paying her mortgage after the bank told her that she would not qualify for a deed-back or short sale of the property if the mortgage was current. Up to that point, she was current on her mortgage, and had a history of financial responsibility. She continues to work with the bank to divest herself of the property. There is no evidence that she currently has a financial problem. Considering the circumstances of this particular case, Applicant’s delinquent mortgage does not show she lacks judgment, reliability, or trustworthiness. Clearance granted. CASE NO: 12-05922.h1


Drugs; Personal Conduct; Financial

06/30/2014

Applicant has not mitigated the security concerns caused by his drug use and falsification of a security clearance application. He did mitigate the financial concerns. Clearance is denied. CASE NO: 14-00013.h1


Financial

06/30/2014

Applicant’s statement of reasons (SOR) alleges four delinquent debts totaling $60,559. Applicant sustained a four-year period of unemployment following the 2007 market crash. Since finding full employment in 2013, he has settled and paid all of his debts. Applicant’s credit rating has been restored and he has regained financial responsibility. Eligibility for access to classified information is granted. CASE NO: 13-01321.h1


Financial Considerations

06/30/2014

Applicant accrued a number of delinquent debts during periods of unemployment and underemployment while residing in another country with her husband. Reportedly, she did not make enough income to meet the minimum income requirements for filing federal tax returns. She has since resolved several of her debts with a payment and successful disputes and is currently employed and committed to restoring her financial stability with the aid of two jobs and credit counseling. Two major debts remain outstanding, however, and have not been satisfied with her available resources. Security concerns associated with Applicant's accumulated debt delinquencies are not mitigated. Public trust eligibility is denied. CASE NO: 13-01252.h1


Foreign Influence

06/30/2014

Applicant has ongoing ties to his brother, sister, and sister-in-law, who are citizens of Afghanistan and residents of Pakistan. Terrorist organizations are active in Pakistan. Applicant's relationships and ongoing contact with his foreign family members raise security concerns under Guideline B that are not mitigated. Clearance is denied. CASE NO: 13-00805.h1


Foreign Influence; Personal Conduct

06/30/2014

Applicant’s mother and four siblings are citizens and residents of Iran. His answer on a security clearance questionnaire was incorrect. His conduct and relationship do not pose personal conduct and foreign influence security concerns. Clearance is granted. CASE NO: 13-00415.h1


Financial

06/30/2014

Applicant has worked in the defense industry for almost 30 years as an inspector. She owes about $9,324 in delinquent consumer debt after an April 2009 Chapter 7 bankruptcy discharge. The debt was incurred largely because of a marital separation. Applicant is making payments on her student loans, and she lives within her means. Clearance is granted. CASE NO: 12-06718.h1


Financial

06/30/2014

Applicant mitigated the security concerns raised by multiple past-due debts. His personal finances are improved, and he took reasonable and prompt action when his debts first arose through no fault of his own. His financial problems did not indicate poor judgment or a lack of trustworthiness, and he is not likely to incur new debts or other financial problems in the future. His request for a security clearance is granted. CASE NO: 12-06659.h1


Guideline B; Guideline E

06/30/2014

Judge’s finding that Applicant’s omissions were deliberate was supported by substantial evidence. Hearing Office cases are not binding on other Hearing Office Judges or on the Appeal Board. The Judge’s whole-person analysis complied with the requirements of the Directive. On cross-appeal, Applicant’s settlement agreement between himself and his agency, with subsequent termination of adverse action, was not sufficient to demonstrate that the allegations underlying the adverse action were unfounded. The Judge erred in concluding that the Government failed to meet its burden of production regarding an allegation that Applicant doctored a certain e-mail. However, given the voluminous record and possible failure of the Government clearly to identify the document, the Judge probably simply overlooked the document. Adverse decision affirmed. CASE NO: 12-05232.a2


Sexual Behavior; Personal Conduct

06/30/2014

Applicant was arrested in 1991 after he sexually molested an 11-year-old girl. He intentionally falsified three security clearance applications by failing to divulge his criminal record. Clearance is denied. CASE NO: 12-02521.h1


Guideline F

06/30/2014

Applicant received reasonable notice of her right to submit evidence in response to the File of Relevant Material. The Judge’s material findings are supported by substantial evidence. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 12-02371.a1


Personal Conduct

06/30/2014

Applicant is a 45-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his questionable conduct. Clearance is denied. CASE NO: 12-00276.h1


Financial

06/27/2014

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-00542.h.1


Financial Considerations

06/27/2014

While two divorces, a separation, relocation expenses, unemployment, and reduced earnings were circumstances beyond Applicant’s control, once she was gainfully employed, she made little, if any, efforts to pay her creditors, generally ignoring them. Her long-standing failure to repay creditors, at least in reasonable amounts, or to arrange payment plans, reflects traits which raise concerns about her fitness to hold a security clearance. Because of her failure to furnish a personal financial statement, it is not known what Applicant’s financial resources may be, or if she has any funds remaining at the end of each month for discretionary use or savings. Thus, there are no indications that Applicant’s financial problems are under control. Applicant’s actions under the circumstances confronting her cast doubt on her current reliability, trustworthiness, or good judgment. Clearance is denied. CASE NO: 14-00163.h1


Financial

06/27/2014

Applicant accumulated approximately $39,800 of delinquent debts since 2007. About four months ago, he began making small monthly payments on one debt. Resulting security concerns were not mitigated. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 13-01264.htl


Financial

06/27/2014

Applicant is 51 years old and is employed as a Private Investigator for the Defense Department. His history of excessive indebtedness that began in the mid 90's after an injury on the job, followed by periods of unemployment, underemployment and several serious illnesses has for the most part been resolved by sufficient evidence of reform and rehabilitation. Applicant has discharged most his delinquent debts in Bankruptcy, and is currently working with a financial adviser to resolve his remaining debt. A good-faith effort to resolve his indebtedness has been shown. Clearance is granted. CASE NO: 12-11683.h1


Financial; Personal Conduct

06/27/2014

Applicant has not mitigated the security concerns caused by his financial situation. He did falsify a Government questionnaire as alleged. Clearance is denied. CASE NO: 12-05607.h1


Financial

06/27/2014

Applicant is 47 years old and employed as a Help Desk Technician by a defense contractor. He argues that his delinquent debts reported on his credit reports are old, illegal, and unenforceable applying the provisions of the statute of limitations. He has not paid any of the debts. His history of excessive indebtedness has not been resolved. Clearance is denied. CASE NO: 11-14655.h1


Financial

06/26/2014

Applicant is a 47-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: 14-00655.h1


Drugs, Personal Conduct

06/26/2014

Applicant used marijuana approximately 15 to 20 times between 2004 and 2012. Three uses between 2010 and 2012 occurred while he held a secret security clearance. When he completed his security clearance application in 2010, he deliberately concealed the extent of his marijuana use. Clearance is denied. CASE NO: 14-00293.h1


Foreign Preference; Personal Conduct

06/26/2014

Applicant, a naturalized U.S. citizen, used an Ecuadorian passport to obviate visa fees when studying in that country. He used his French passport to enter Cuba while visiting that country with his fiancée on a U.S. authorized government license. Both passports, which were acquired through his birth to foreigners abroad, have been surrendered. Applicant has no desire to travel on anything but his U.S. passport in the future. I find that Foreign Preference and Personal Conduct security concerns are mitigated. Clearance is granted. CASE No.: 14-00059h.1


Financial; Personal Conduct

06/26/2014

While working as a self-employed consultant, Applicant did not timely file his federal or state income tax returns, or pay quarterly estimates of taxes owed, for tax years 2011 and 2012. He filed his delinquent returns in April 2014, reporting $65,367 in federal taxes and $14,314 in state taxes owed for those years. He cannot explain why he did not report his known tax delinquencies on his June 2013 security clearance application. Financial considerations persist because he still owes the Internal Revenue Service (IRS) about $53,367 in delinquent taxes, and an estimated $4,000 in past-due state taxes. Personal conduct concerns are not fully mitigated, despite his candor about the taxes during his July 2013 interview. Clearance is denied. CASE NO: 14-00025.h1


Criminal Conduct

06/26/2014

Applicant failed to mitigate the Criminal Conduct security concerns. Between 1993 and 2005, Applicant was arrested, charged, or cited for multiple criminal offenses and probation violations. While he has abstained from criminal activity since 2005, not enough time has passed to hold that recurrence is unlikely or that doubts concerning his judgment and reliability are resolved. Eligibility for access to classified information is denied. CASE NO:14-00019.h1


Drugs

06/26/2014

Applicant purchased and used marijuana from September 2009 to May 2013. He used marijuana four to five times weekly until September 2012, when he reduced his use to occasional weekends. He tried cocaine once, in January 2013. Applicant has been candid with the Department of Defense about his illegal drug involvement, and he does not intend to use any illegal drugs, including marijuana, in the future. Yet, an unacceptable risk of relapse persists because he continues to socialize with a friend who uses marijuana in his presence. Clearance is denied. CASE NO: 13-01393.h1


Drugs

06/26/2014

Applicant admitted to minor drug abuse on one occasion on his security clearance application. The evidence is sufficient to mitigate resulting security concerns. Eligibility for access to classified information is granted. CASE NO: 13-01217.h1


Drugs; Criminal Conduct; Personal Conduct

06/26/2014

Applicant regularly used marijuana for over 30 years, until testing positive for the drug at work. He also had an alcohol-related driving offense. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 12-02901.h1


Foreign Preference; Foreign Influence

06/25/2014

Applicant is a naturalized U.S. citizen who was born in Colombia. She came to the United States at the age of two, with her parents. Her parents are naturalized citizens who live in the United States.. Applicant held a Colombia passport, but she has surrendered the passport to her Facility Security Officer. Applicant has mitigated the security concerns under the foreign preference and foreign influence guidelines. Eligibility for a security clearance is granted. CASE NO: 14-00547.h1


Financial

06/25/2014

Applicant, a 38-year-old employee, has a history of financial problems or difficulties consisting of defaulting on mortgage loans resulting in foreclosure on two residential properties. Although a single parent raising two minor children, her financial situation is otherwise stable. Given the circumstances here, Applicant presented sufficient evidence to explain and mitigate the concern stemming from her unfavorable financial history. Eligibility is granted. CASE NO: 14-00039.h1


Foreign Influence; Personal Conduct

06/25/2014

Applicant was born in Lebanon and is a dual citizen of Lebanon and the United States. He has many family members, including his mother and several siblings, who are citizens and residents of Lebanon. Applicant failed to follow the direct orders of his commanding officer, a United States Army colonel, because of his concern for his family's welfare if people in Lebanon were aware that he was working for the United States military. Applicant was also terminated from his employment for being found to be Persona Non Grata, but he failed to furnish this information on a Security Clearance application. Mitigation has not been shown. Clearance is denied


Financial

6/25/2014

Applicant has had a history of overdue debts, all of which resulted from gambling. He has not paid off the majority of his overdue debts, and based on his history it is too soon to conclude that he will not return to gambling again. Mitigation has not been shown. Clearance is denied.


Guideline B

06/25/2014

There is a rebuttable presumption that contacts with immediate family members in a foreign country are not casual. Adverse decision affirmed.


Drugs

06/25/2014

Applicant was discharged from the Army for drug abuse in 1984, and used marijuana for more than 30 years while holding a security clearance. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-06707.h1


Guideline F

06/25/2014

The Board concludes the Judge’s material findings of security concern are supported by substantial record evidence or constitute reasonable characterizations or inferences that could be drawn from the record. There is no basis to conclude that the Judge drew adverse inferences from Applicant’s having repayment plans. Rather, she reasonably considered evidence he had not been faithful in making plan payments. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

06/25/2014

While serving in the U.S. Army, Applicant engaged in criminal conduct and was administratively discharged under other than honorable conditions in lieu of trial by court-martial in 2002. His current falsifications concerning his past criminal behavior raise serious questions about his reliability, trustworthiness, judgment, and his ability to protect classified information. Clearance is denied. CASE NO: 12-01979.h1


Alcohol; Personal Conduct; Financial

06/25/2014

Applicant has had a history of overdue debts. While a Chapter 13 Bankruptcy has been filed it has not been approved and none of the overdue debts has been resolved. Applicant did not furnish complete information on a Security Clearance Application regarding his overdue debts, and he could not furnish a reasonable explanation for this failure. Applicant's alcohol consumption has caused him serious problems, but his consumption ended in 2010, and he has mitigated this concern. Mitigation has not been shown regarding personal conduct or financial concerns. Clearance is denied.


Financial

06/25/2014

Applicant failed to demonstrate all his debts were included in his bankruptcy petition. His debt was created largely from his attempts to become an “entrepreneur,” as he defined the term. This included purposefully getting into debt in order to demonstrate his commitment to his business ideas. Applicant failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 12-00725.h1


Financial, Personal Conduct, Drug Involvement

06/24/2014

Applicant used cocaine once in February 2012 while on active duty in the Army. Drug involvement and personal conduct concerns are mitigated because his cocaine use was an isolated event and not recent. Applicant’s statement of reasons (SOR) and credit reports allege 12 delinquent debts totaling $21,013. He paid one SOR debt for $1,614 in May 2014. More evidence of circumstances beyond his control causing financial problems, inability to pay SOR debts, or progress resolving delinquent SOR debts is necessary to mitigate financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 14-00046.h1


Drugs

06/24/2014

Applicant used marijuana socially about 25 times between September 2006 and April 2011 and cocaine five times between July 2010 and February 2011. In addition, she used Adderall without a prescription as a study aid for college examinations. Applicant was candid about her drug involvement, and she intends no future drug abuse. Clearance is granted. CASE NO: 13-01302.h1


Financial Considerations

06/24/2014

Applicant accrued a number of delinquent debts (mostly medical debts) during her marriage and became solely responsible for them after her separation and pending divorce. She is currently employed but has been unable to complete repayment plans or show any payment progress with any of her individual creditors, some with small amounts owing. She is respected by her friend and ex-mother-in-law but has provided no other evidence of her work performance or community contributions. Security concerns associated with Applicant's accumulated debt delinquencies are not mitigated. Public trust eligibility is denied. CASE NO: 13-01292.h1


Criminal Conduct; Personal Conduct

06/24/2014

Applicant's last felony conviction was only three years ago. He is still on probation for that conviction, and has numerous infractions in the work place. Clearance is denied. CASE NO: 12-05949.h1


Financial

06/24/2014

Applicant failed to mitigate the security concerns raised by his financial situation. He has made some effort to address his delinquent debts. However, his long track record of financial irresponsibility and the misleading statements he has made during the course of the security clearance process regarding his finances raise concerns about his eligibility for access to classified information. Clearance is denied. CASE NO: 12-04492.h1


Personal Conduct

06/24/2014

Applicant abused drugs as a youth, including marijuana, Percocet, and Vicodin. In 1980, at age 20, he “sniffed” cocaine on a couple of occasions, and he abused Oxycontin. He developed an addiction to Vicodin after being prescribed the drug for pain in 2006 and 2007. He also took Vicodin prescribed for family members and friends when he had none available. Applicant has not used any Vicodin since he began treatment with Suboxone in 2008, and he does not intend to abuse any illegal or non-prescribed drug in the future. Allegations of regular abuse of cocaine from 1977 to 2006 and falsification of his security clearance application and interrogatories are unsubstantiated. Clearance is granted. CASE NO: 11-13331.h1


Alcohol

06/23/2014

Applicant is 30 years old. He was diagnosed as alcohol dependent in 2007, but was unaware that he could be disqualified from holding a security clearance if he continued to consume alcohol. Once he learned of the disqualifying condition he stopped consuming alcohol. Applicant has not had any alcohol-related incidents. Applicant mitigated the security concerns under Guideline G, alcohol consumption. Clearance is granted. CASE NO: 13-01309.h1


Foreign Influence

06/23/2014

Applicant was born in Pakistan and immigrated to the United States in November 2003. He became a naturalized U.S. citizen in November 2012. His parents and six siblings were born in Pakistan. His father and four of his siblings are naturalized U.S. citizens. Two sisters and one brother are naturalized U.S. residents. His mother is a Pakistani citizen and permanent resident of the United States. Applicant has two siblings who are citizens and residents of Pakistan, as are their families. In 2008 Applicant and his father purchased a $40,000 home in Pakistan for his brother and family living there. Applicant failed to present sufficient evidence to mitigate the foreign influence security concerns. Eligibility for access to classified information is denied. CASE NO: 13-01285.h1


Financial; Personal Conduct

06/23/2014

Applicant has not mitigated the security concerns raised by his past-due indebtedness. He did mitigate the falsification allegation. Clearance is denied. CASE NO: 12-05820.h1


Guideline F

06/23/2014

Applicant failed to demonstrate a nexus between his breakup with his girlfriend and other circumstances beyond his control and his debt problems. Evidence that Applicant has credit card debt that is growing contradicts the Judge’s conclusion that his financial problems are under control. Favorable decision reversed. CASE NO: 11-13999.a2


Financial

06/23/2014

Applicant's two listed mortgage accounts became delinquent in March 2009. His decision to rely on a federal statute of limitations and wait for the removal of the accounts from his credit report does not constitute a good-faith effort to resolve debts within the meaning of Directive 5220.6. Eligibility for access to classified information is denied.


Guideline E; Guideline G; Guideline D; Guideline J

06/23/2014

The Judge did not treat the Guideline E allegations as mere redundancies but, rather, analyzed them in view of the concerns pertinent to that Guideline. The Board declined to require strict scrutiny of an applicant’s dismissal from the military. The Board finds no reason to disturb the Judge’s treatment of the mitigating conditions. Favorable decision affirmed. CASE NO: 11-12202.a1


Personal Conduct; Criminal Conduct; Financial

06/23/2014

Applicant was suspended several times before termination of his previous Federal employment after his arrest for smuggling in 2005. He denied the arrest and omitted the resulting incarceration on his security clearance application. He admittedly owes about $40,000 in delinquent debts and fines. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 11-11232.h1


Personal Conduct

06/23/2014

During a previous investigation, Applicant did not completely reveal the extent of his alcohol and illegal drug abuse history until the fifth time that he was interviewed. Although he was forthcoming about his illegal drug use during the current investigation, he continued to provide false information regarding past alcohol abuse. Applicant has failed to mitigate the personal conduct security concern. Clearance is denied. CASE NO: 10-09911.ind


Alcohol; Criminal Conduct

06/20/2014

Applicant was convicted of driving while intoxicated and assaulting a police officer in 2012. On his own initiative, he attended Alcoholics Anonymous, as well as one year of weekly alcohol counseling. He completed counseling with a prognosis of “excellent,” continues to attend AA one or more times per week, and has remained abstinent since June 2012. His conduct demonstrates commitment to sobriety in the future. Security concerns are mitigated, and clearance is granted. Case No.: 14-00254.h1


Financial

06/19/2014

Applicant, a 34-year-old employee, has a history of financial problems or difficulties consisting of delinquent student loans and delinquent consumer debts, all of which are unresolved. Applicant did not present sufficient evidence to explain and mitigate the concern stemming from her unfavorable financial history. Eligibility is denied. CASE NO: 14-00395.h1


Financial

06/19/2014

Applicant has more than $50,000 of student loan debt in default and four unresolved collection accounts. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-00169.h1


Financial

06/19/2014

Applicant’s statement of reasons (SOR) alleges five delinquent debts, totaling $12,514. Due to circumstances beyond her control, she had insufficient financial resources to timely pay her debts. She settled and paid four debts, and the other debt is in an established payment plan. Financial considerations concerns are mitigated. Her eligibility to occupy a public trust position is granted. CASE NO: 14-00035.h1


Financial

06/19/2014

Applicant’s statement of reasons alleged 17 debts totaling $31,770. He mitigated 5 of those debts; however, he was unable or unwilling to mitigate the remaining 12 debts. Eligibility for a public trust position is denied.


Finances

06/19/2014

Applicant’s tax preparation service mishandled his tax returns, resulting in tax liens. A debt repayment plan was implemented. Subsequent tax year debts were added to the plan, protracting the repayment schedule and significantly enlarging the debt owed. His monthly payments only serve to address penalties and interest. He does not have the available income to make larger payments on his debt. He has yet to implement his plan to reduce his financial burden. Therefore, I find that financial considerations security concerns are unmitigated. Clearance is denied. CASE No.: 12-04891.h1


Financial

06/19/2014

Applicant’s statement of reasons (SOR) alleges six delinquent debts, totaling $7,922. She is credited with resolving one debt for $224, reducing the delinquent debt total to $7,698. She received a substantial pay raise in March 2014 and a $5,000 tax refund in April 2014; however, she did not make any payments to the five remaining SOR creditors over the last 12 months. Her efforts to resolve these five debts are insufficient. Financial considerations concerns are not mitigated. Her eligibility to occupy a public trust position is denied. CASE NO: 12-03447.h1


Financial

06/18/2014

Applicant provided sufficient evidence that she has addressed all but approximately $1,250 of delinquent debts cited in the Statement of Reasons. She provided a logical basis for her dispute of that balance, and showed that she is financially capable of satisfying that balance should it be determined to belong to her. Applicant has mitigated financial considerations security concerns. Clearance is granted. CASE NO: 14-00116.h1


Financial

06/18/2014

Applicant incurred substantial delinquent indebtedness on Federal income taxes due from 2008 through 20011, and on his home mortgage. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-06065.h1


Financial, Personal Conduct

06/18/2014

Since 2007 Applicant accumulated over $44,000 of delinquent debts. She resolved or paid about $6,300 of it. The remaining amount is unresolved. When she completed a public trust application, she did not disclose a previous security clearance revocation, which alleged financial problems, and personal conduct issues for failing to disclose a criminal conviction. She failed to rebut or mitigate the trustworthiness concerns raised under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Her eligibility for a public trust position is denied. CASE NO: 12-03437.htl


Case Number:
Financial

06/17/2014

Applicant owes approximately $65,000 in unresolved delinquent debt. Clearance is denied. CASE NO. 12-03941.h1


Financial

06/17/2014

Applicant’s statement of reasons (SOR) alleges two delinquent debts, totaling $86,616. He settled and paid one debt, and he is attempting to resolve the remaining debt for $3,125. Financial considerations concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 14-00359.h1


Drug Involvement

06/17/2014

In requesting a determination based on the written record, Applicant provided insufficient evidence to mitigate security concerns regarding her 2012 through 2013 drug abuse. Clearance is denied. CASE No.: 14-00154h.1


Financial

06/17/2014

Applicant is a 38-year-old employee of a federal contractor. The evidence shows he has a child-support arrearage of about $17,000 that is largely unresolved as well as unresolved consumer debts. He did not present sufficient evidence to explain and mitigate the financial considerations security concern. Clearance is denied. CASE NO: 14-00150.h1


Financial

06/17/2014

Applicant accumulated delinquent debts during periods of unemployment and underemployment. With the aid of her full-time employment and her boyfriend, she has repaid or settled all of her listed delinquent debts and regained her financial stability. Her repayment efforts to date are sufficient to mitigate trustworthiness concerns over her finances. Eligibility is granted. CASE NO: 13-01068.h1


Financial

06/17/2014

Applicant has three unresolved collection or charged-off accounts, which total more than $65,000. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 12-06952.h1


Financial

06/17/2014

Applicant has delinquent student loans and other unresolved collection accounts. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 12-01590.h1


Financial; Personal Conduct

06/17/2014

Applicant has a long history of not paying his income taxes when they were due, and he has filed numerous bankruptcy petitions. He intentionally provided false information about his finances on Questionnaires for National Security Positions submitted in 2010 and 2011. Clearance is denied. CASE NO: 11-14774.h1


Personal Conduct

06/16/2014

When Applicant completed his 2013 security clearance application, he falsified information by failing to disclose his 2011 marijuana use, his use while holding a security clearance, his suspended access to classified information, and his resignation from his former employment. His falsifications are unmitigated. Clearance is denied. CASE NO: 14-00159.h1


Financial

06/16/2014

Applicant incurred delinquent debt in the amount of approximately $20,000. He recently paid a delinquent debt and has begun repayment plans for the other delinquent debts. Despite steady employment since 2003, Applicant did not address his delinquent debts from about 2012 until 2014. He has not received financial counseling. He has not presented sufficient documentation to mitigate the financial considerations guideline concern. Eligibility for a security clearance is denied. CASE NO: 14-00104.h1


Financial Considerations

06/16/2014

Applicant was, at one point, living beyond her means. She accumulated nearly $120,000 in consumer debt, and after several years of inability to resolve that debt, her non-student loan debts were discharged in bankruptcy in 2011. Her three-month period of unemployment in 2007 and subsequent reduced earnings were circumstances somewhat beyond her control. Even after her bankruptcy discharge, with the exception of some minor medical debts created in 2013 which she later allowed to become delinquent, Applicant did not make any efforts to address her defaulted student loans. She failed to seek guidance from the U.S. Department of Education or her school financial counselor. Instead, Applicant ignored her creditors, even after she had been questioned by the OPM investigator in June 2013. Her long-standing failure to address her student loans, by either seeking deferment or forbearance, or to arrange payment plans, reflects traits which raise concerns about her fitness to hold a security clearance or a public trust position. CASE NO: 13-01074.h1


Financial

06/16/2014

Applicant co-signed on about $66,163 in student loan debt for his son, who then defaulted on the loans. Applicant could not make the payments because he was paying about $610 a month toward $97,000 in parent loans for his children. In February 2014, Applicant settled one of his son’s student loans for $30,000 with funds withdrawn from his 401(k). Repayment plans exist to settle his son’s remaining student loans, but Applicant depends on overtime income to cover a monthly shortfall of $1,160. Since December 2013, when Applicant’s spouse was in a car accident, Applicant and his spouse have been delinquent on their mortgage. Applicant’s financial situation remains of security concern. Clearance is denied. CASE NO: 12-03790.h1


Financial

06/16/2014

Applicant accrued five debts totaling $124,453 from a previous marriage. Unable to pay those debts, he retained a bankruptcy attorney to file Chapter 7 bankruptcy. For reasons not entirely clear, Applicant’s bankruptcy petition has not been filed in the last three years. Applicant’s debts remain unpaid and are not mitigated. Clearance is denied. CASE NO: 12-01699.h1


Financial

06/13/2014

Applicant is a 33-year-old employee of a federal contractor. He did not present sufficient evidence to mitigate the financial considerations security concern stemming from his ongoing financial problems. Clearance is denied. CASE NO: 13-01332.h1


Guideline K

06/13/2014

Applicant has committed four security violations between 2006 and 2012. Adverse decision affirmed.


Financial

06/13/2014

Applicant mitigated the financial considerations security concerns. His financial problems were a result of high medical cost incurred in treating his wife’s serious medical condition and the financial collapse of a family-owned business. Applicant was able to put his financial house in order and resolve his debts over the past three years. His past financial problems no longer raise questions about his eligibility for classified information. Clearance is granted. CASE NO: 12-03235.h1


Guideline D; Guideline J; Guideline E

06/13/2014

Applicant, a married man, engaged in sexual relations with a minor whose parents were his friends. Favorable decision reversed.


Guideline J; Guideline G

06/13/2014

Given the Judge’s sustainable adverse finding regarding one allegation, the error regarding the other allegation is harmless in that it did not affect the overall outcome of the case. Adverse decision affirmed.


Financial

06/13/2014

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-07987.h1


Financial

06/12/2014

Applicant accumulated numerous delinquent debts as a result of several periods of unemployment and underemployment, a failed business venture, the illness and death of his daughter, and his own medical problems. He has resolved all but two of his delinquent debts. He is making monthly payments on one remaining delinquent debt and trying to negotiate a settlement of the other. Clearance is granted. CASE NO: 14-00042.h1


Financial

06/12/2014

Missing from Applicant's case in mitigation is a meaningful track record of debt reduction by showing the payment of those debts. The consolidation of seven student loan accounts and reduction of two other account balances is insufficient to find in Applicant's favor under the financial considerations guideline. Eligibility for access to classified information is denied.


Alcohol; Criminal Conduct; Personal Conduct

06/12/2014

Applicant mitigated the personal conduct concerns, as he did not deliberately falsify his security clearance application. However, he failed to mitigate the security concerns arising from his history of excessive alcohol use and criminal conduct. He is currently on probation following his second serious DUI conviction in the past seven years. Both DUIs involved motor vehicle accidents. Applicant continues to drink alcohol in violation of the terms of his court-mandated alcohol treatment program. Applicant’s history of alcohol-related criminal conduct and unwillingness to comply with the terms of his court-mandated treatment program raises doubts about his ability and willingness to follow rules and regulations regarding the proper handling and safeguarding of classified information. Clearance is denied. CASE NO: 12-04843.h1


Financial

06/11/2014

All of the delinquent debts that Applicant incurred related to the failure of his car dealership in 2006. Since then, he has satisfied or is steadily paying down all of the debts except the mortgages on a foreclosed investment property. Per state law, Applicant is not liable for any deficiency between the foreclosure price and any remaining balance on either loan. This fact, alone, does not mitigate the security concern. However, when considered in light of the cause of Applicant's financial problems, the steps he has taken to satisfy the other SOR debts, his satisfaction of multiple unlisted debts, and his current financial stability, I conclude that he has mitigated the security concern. Clearance is granted. CASE NO: 13-00628


Financial

06/10/2014

Applicant is a 33-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: 14-00216.h1


Financial

06/10/2014

Applicant paid several debts through a debt-resolution program between 2006 and 2010. However, since 2010, she has remained indebted, and her current debt load is more than $34,000. She has failed to establish payment plans on five of her six delinquent debts. Applicant's eligibility for a security clearance is denied. CASE NO: 12-04508.h1


Guideline F

06/10/2014

In concluding that Applicant had not mitigated the security concerns arising from his delinquent debts, the Judge stated that Applicant had known of the Government’s concern over his finances since the time of his clearance interviews. Despite this, Applicant made no payments on any of his debts. Adverse decision affirmed.


Financial Considerations

06/10/2014

Applicant’s financial problems arose in May 2008 after he had accumulated about $38,000 in debt from credit cards, medical bills, school, and living expenses. He also encountered three periods of unemployment (February 2003 until August 2004, July 2006 until February 2007, and May 2008 until August 2008). Applicant obtained his current position in August 2008, and he claims he generally has approximately $706 each month available for discretionary spending or savings. Yet, during the ensuing nearly six years since his full employment, he has been able to save only $1,000 (and purchase a 2013 Nissan Sentra). Applicant never contacted his SOR-creditors to try to make repayment arrangements, even for small accounts. Creditors have reached out to him to settle some debts, with one creditor offering a repayment plan of $47.38 per month over 24 months, but Applicant did nothing. Applicant has not acted aggressively, timely, or responsibly to resolve his delinquent debts. Instead, he ignored his debts and continues to do so. The absence of any good-faith efforts by Applicant to resolve his debts, and his continuing inaction under the circumstances confronting him, casts doubt on his current reliability, trustworthiness, or good judgment. Clearance is denied. CASE NO: 11-11267.h1


Drugs; Personal Conduct

06/10/2014

Between 1998 and 2010, Applicant used marijuana on at least six occasions. His most recent use occurred in July 2010 while he had a security clearance. Applicant failed to mitigate the drug involvement and personal conduct concerns raised by his behavior. Clearance is denied. CASE NO. 11-07094.h1


Guideline J;Guideline G; Guideline E; Guideline F

06/10/2014

The Judge’s decision failed to consider important aspects of the case and ran contrary to the weight of the record evidence. Favorable decision reversed.


Foreign Influence

06/09/2014

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 14-00646.h1


Foreign Influence

06/06/2014

In 2012, Applicant received a telephone call from a person who said he was Applicant’s cousin (MZ). MZ said that he is a high-ranking military officer in the Afghan Army. Applicant reported the telephone call to security and did not attempt to verify the caller’s identity. This is the only contact that Applicant had with MZ since 1976. Applicant has served honorably as a linguist in a dangerous environment, and he has substantial connections to the United States. Foreign influence security concerns are mitigated, and eligibility for access to classified information is granted. CASE NO: 13-00623.h1


Foreign Influence; Personal Conduct; Financial

06/05/2014

Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant mitigated the Foreign Influence concerns related to her foreign relatives. However, she was unable to mitigate the Personal Conduct concerns arising from her falsification of her 2002 and 2013 security clearance applications and foreign travel using her Nigerian passport after being granted a security clearance. Further, Applicant had two delinquent mortgage debts totaling $295,717 that remain unresolved. Eligibility for access to classified information is denied. CASE NO:13-01247.h1


Financial

06/05/2014

Applicant failed to mitigate the security concerns arising from his failure to timely file and pay his taxes over the course of several years. He currently owes the IRS over $20,000 for unpaid taxes and only recently started to address his significant tax debt. Notwithstanding his years of dedicated service as a defense contractor, Applicant’s financial irresponsibility raises significant doubts about his continued eligibility. Clearance is denied. CASE NO: 12-09573.h1


Financial

06/05/2014

Applicant’s statement of reasons (SOR) alleges three delinquent debts. Department Counsel withdrew a SOR debt for $134. The largest SOR debt has been current for more than one year. On April 10, 2014, Applicant made a good-faith settlement offer to resolve the remaining debt. She made sufficient progress resolving her financial problems to mitigate financial considerations concerns. Eligibility for access to classified information is granted. CASE NO: 12-03755.h1


Financial

06/05/2014

Applicant has taken no action to resolve nine delinquent debts that have been charged off, referred for collection, or purchased by another creditor. Clearance is denied. CASE NO: 12-03270.h1


Personal Conduct

06/05/2014

Applicant works for a defense contractor. From 2005 to 2011 Applicant displayed a pattern of conduct that caused four employers to terminate him because of various employment issues. He also did not fully disclose on his security clearance application relevant information requested nor did he inform the government investigator until confronted with the accurate information. Applicant did not mitigate the personal conduct security concerns. Eligibility for a clearance is denied. CASE NO: 12-00740.h1


Financial

06/04/2014

Applicant has not mitigated the security concerns under the financial considerations guideline. He has unresolved delinquent debts in the amount of $26,000. He plans to file for chapter 7 Bankruptcy, but he provided no documentation that he has done so. He has not met his burden in this case. Eligibility for a security clearance is denied. CASE NO: 14-00036.h1


Financial

06/04/2014

Applicant is a 47-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of financial problems. Clearance is denied. CASE NO: 13-01293.h1


Foreign Preference; Foreign Influence; Financial

06/04/2014

Applicant, a naturalized U.S. citizen since 1997, continues to exercise Greek citizenship and possesses a valid Greek passport. His scant evidence is insufficient to show he does not have divided loyalties, and that he is not subject to possible foreign manipulation. Additionally, he has a large unresolved debt and failed to establish financial responsibility. Applicant’s financial situation, foreign preference, and foreign influence raise trustworthiness concerns. Eligibility to hold a position of trust is denied. CASE NO: 13-00934.h1


Financial; Personal Conduct

05/30/2014

Applicant has not mitigated the security concerns under the financial considerations guideline. He has made no attempt to resolve a possible deficiency on a past-due mortgage account in the amount of $65,000. Applicant has had some events in his life that were beyond his control that exacerbated his financial issue, but he has not acted responsibly in the situation. Applicant did not falsify his August 2013 security clearance application. The Government withdrew the allegations under Guideline E (Personal Conduct). Clearance denied. CASE NO: 14-00372.h1


Foreign Influence

05/30/2014

Applicant, who was born in Taiwan, is a naturalized U.S. citizen. She has lived in the United States since 1979. Her ex-husband and two adult children are U.S. citizens. Applicant has two half brothers and a half sister who live in China and Taiwan. She is the owner of a company that provides information technology services to the United States. She has had a long career in the United States. She has substantial assets in the United States and no foreign business interests. Applicant has met her burden to mitigate the security concerns under foreign influence. Eligibility for a security clearance is granted. CASE NO: 13-01093.h1


Sexual Behavior; Use of Information Technology; Criminal Conduct; Personal Conduct

05/30/2014

Applicant has a history of engaging in inappropriate sexual behavior, including soliciting prostitutes, touching women inappropriately, watching pornography on work computers, and masturbating in public places. Applicant recognizes that he has a compulsive disorder, and he is highly committed to rehabilitation, attending multiple types of therapy, including cognitive therapy with mental health professionals and spiritual therapy through his church. Although he has made significant progress over the years, it is too soon to conclude that he has mitigated the security concerns. Clearance is denied. CASE NO: 13-00940


Foreign Influence; Foreign Preference

05/30/2014

Security concerns about Applicant's contacts with Australia and his acquisition of Australian citizenship are outweighed by his significant ties and loyalties to the United States, and by the lack of a heightened risk of exploitation. His request for a security clearance is granted. CASE NO: 12-03929.h1


Financial

05/29/2014

Applicant defaulted on some consumer credit accounts, including his home loans, because of his divorce and a five-month layoff in 2009. His primary mortgage lender foreclosed on his home in 2011, leaving him with a deficiency balance on his second mortgage. As of late December 2013, Applicant’s second mortgage had been charged off. Three consumer credit accounts with a total balance around $21,500 have been delinquent since late 2009. He otherwise has handled his finances responsibly, and he filed a Chapter 13 bankruptcy petition in April 2014 to address the debts, but it is too soon to conclude that his financial problems are safely behind him. Clearance denied. CASE NO: 13-01308.h1


Criminal Conduct; Personal Conduct

05/29/2014

Applicant has a long criminal record, starting with a felony conviction for unlawful wounding in 1995 and ending with a conviction of driving while intoxicated in 2008. He has served two one-year tours of duty in Afghanistan and six months in Kyrgyzstan. He received several certificates of appreciation and was highly regarded by his peers and supervisors. He intentionally omitted most of his arrests and convictions in his application for a security clearance. Clearance is denied. CASE NO: 12-11559.h1


Financial; Personal Conduct

05/29/2014

Applicant is a 44-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts and security clearance application falsifications. Clearance is denied. CASE NO: 12-07758.h1


Financial; Personal Conduct

05/29/2014

Applicant has unresolved collection, charged-off, and delinquent accounts. He provided false information on a security clearance questionnaire. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations and Guideline E, personal conduct. Clearance is denied. CASE NO: 12-04746.h1


Financial

05/29/2014

Applicant has mitigated the security concerns raised by his once past-due debts. Clearance is granted. CASE NO: 12-03328.h1


Criminal Conduct

05/28/2014

In April 2008, Applicant was charged with underage possession of alcohol, but the charge was continued for one year and then dismissed. He was convicted of driving while intoxicated in November 2008 and was sentenced to 60 days in jail, with 55 days suspended. He served his five days in jail on weekends. He was cited for public intoxication on New Year’s Eve, 2011, and he paid a $100 fine. He was accused of grand larceny in October 2012, but the charge was dismissed as unfounded. He has been employed by a federal contractor since October 2012 and has earned the respect and support of his supervisor. Clearance is granted. CASE NO: 14-00461.h1


Criminal Conduct; Personal Conduct

05/28/2014

Applicant mitigated the security concerns arising from his criminal record. He was arrested in 2006 and 2008 on felony charges that were later dismissed. He was convicted on a misdemeanor charge in 2009, after the police found an open container of alcohol in his car. He has not been arrested, charged with, or implicated in any other criminal matter since 2009. Over the past five years, he has been gainfully employed and not engaged in any conduct that could raise questions about his judgment or reliability. Applicant also mitigated the personal conduct security concerns. He genuinely believed that he did not have to disclose his past arrests and misdemeanor conviction on his security clearance application. He mistakenly thought that he was only required to disclose arrests resulting in felony convictions. Clearance is granted. CASE NO: 14-00271.h1


Financial

05/28/2014

Applicant accumulated approximately $21,000 in delinquent debts since 2009. He paid about $2,000 of that debt over the last year. After receiving the SOR in late 2013, he claimed he began resolving the remaining debt, but he failed to offer sufficient proof he has made payments on his remaining delinquent accounts. Resulting security concerns were not mitigated. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 13-01253.h1


Foreign Influence; Personal Conduct

05/28/2014

Applicant is a 52-year-old employee of a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from his foreign contacts and personal conduct. Clearance is granted. CASE NO: 13-00533.h1


Financial; Personal Conduct

05/27/2014

Applicant admits to unresolved federal tax liens and other delinquent debts. In 2012, four years after the tax liens were filed, Applicant made an offer in compromise to the IRS, but has taken no further steps. He began payment plans on his other debts after he received the SOR. He has not shown a track record of financial responsibility. When Applicant completed his trustworthiness application in 2013, he deliberately failed to disclose his tax liens and delinquencies. Access to a position of public trust is denied. ADP CASE NO: 14-00183.h1


Financial

05/27/2014

Applicant has mitigated the security concerns under the financial considerations guideline. He has provided sufficient documentation that his delinquents debts are resolved. Clearance granted. CASE NO: 14-00111.h1


Financial

05/27/2014

Applicant established her eligibility for access to classified information by mitigating the security concerns raised by her past financial instability. Her past financial problems were mainly attributable to matters outside of her control, principally, a sudden and unexpected separation from her husband that left her solely responsible for the care and support of her four children. She secured full-time employment, took control of her finances, and resolved her past-due debts. Applicant’s recent track record of debt repayment and responsible management of her finances mitigates the security concerns at issue. Clearance is granted. CASE NO: 13-01331.h1


Criminal Conduct; Personal Conduct; Drugs

05/27/2014

Applicant has a long history of criminal conduct, which includes numerous convictions for drug-related offenses and parole violations. Moreover, he falsified numerous entries in his 2012 security clearance application and made false statements to a government investigator. His lack of judgment and unwillingness to comply with the law raise questions about his reliability, trustworthiness, and ability to protect classified information. Clearance denied. CASE NO: 12-03855.h1


Financial; Criminal Conduct; Personal Conduct

05/27/2014

Applicant failed to file, in a timely manner, his federal and state income tax returns for tax years 2007 through 2011. He owes more than $30,000 in unpaid taxes. Additionally, he has a judgment, charged-off accounts, collection accounts, and a past-due account which remain unpaid. Between 2005 and 2011, he was charged with and convicted of numerous motor-vehicle-related crimes. He has failed to mitigate the financial considerations, criminal conduct, and personal conduct security concerns. Clearance is denied. CASE NO: 11-14791.h1


Financial

05/23/2014

As of October 2013, Applicant owed $28,573 in delinquent state tax penalties and interest for tax years 1989 and 1990. The debt was written off due to the statute of limitations on October 19, 2013, leaving him with no outstanding tax liability for those years. He asserts that a $2,570 tax lien from May 1992 has been satisfied, and it does not appear on his credit record as of February 2013. A write-off is not a substitute for payments. His handling of these tax matters continues to raise concerns about his financial judgment. Clearance denied. CASE NO: 13-00728.h1


Financial; Personal Conduct

05/23/2014

Applicant has mitigated the security concerns raised by his past-due tax debt. He also resolved other personal conduct issues. Clearance is granted. CASE NO: 11-12335.h1


Financial

05/23/2014

Applicant has yet to address 12 admitted past-due debts totaling more than $34,000. Clearance is denied. CASE NO: 11-11334.h1


Financial

05/23/2014

Applicant mitigated the security concerns raised by multiple past-due debts. His personal financial management and his recent actions to resolve his debts show he is not likely to incur new debts or other financial problems in the future. His request for a security clearance is granted. CASE NO: 11-03936.h1


Drugs; Personal Conduct

05/22/2014

Applicant used marijuana several times during college and twice after graduation. He used it two times after he was granted a security clearance. His last use occurred in 2010. Over the past nine years, he has matured. He has taken on increased professional responsibilities, and has performed commendably in his position. He credibly testified that he no longer uses illegal drugs or associates with those with whom he used them, and has no intent to use marijuana in the future. Security concerns under Guidelines H and E are mitigated. Clearance is granted. CASE NO: 13-01228.h1


Financial

05/22/2014

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 13-01071.h1


Financial

05/22/2014

Applicant accumulated approximately $23,000 of delinquent debts since 2012. He resolved only $1,070 of that debt. Resulting security concerns were not mitigated. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 13-01051.h1


Guideline B

05/22/2014

Applicant's brother-in-law was a retired high level officer in the Peruvian military and now has a high level executive position in that country's government. Adverse decision affirmed.


Financial; Personal Conduct

05/22/2014

Applicant has mitigated the security concerns raised by his past-due tax debt. He also resolved other personal conduct issues. Clearance is granted. CASE NO: 11-12335.h1


Guideline F; Guideline E

05/22/2014

A party’s disagreement with the Judge’s weighing of the evidence or an ability to argue for a different of the evidence, is not sufficient to demonstrate that the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious or contrary to law. Adverse decision affirmed.


Financial

05/22/2014

Applicant has mitigated the financial considerations concern raised by the foreclosure of three properties she owned jointly with her ex-husband. Clearance is granted. CASE NO. 12-04970.h1


Guideline B

05/22/2014

A paucity of evidence concerning a security-significant matter may undermine an applicant’s ability to meet their burden of mitigation. Adverse decision affirmed.


Financial

05/21/2014

Applicant owes approximately $19,600 in unresolved delinquent debt. Clearance is denied. CASE NO. 12-06082.h1


Financial

05/20/2014

Applicant experienced two episodes of unemployment, one from 2009 until 2011, and the other for approximately six months in 2013. Applicant admitted two unresolved debts, alleged in the SOR, totaling $88,626. He failed to provide documentation to corroborate payment or payment plans for these debts. His failure to mitigate his financial delinquencies raises security concerns. Eligibility for access to sensitive information is denied. CASE NO: 13-01190.h1


Drugs

05/20/2014

Applicant's admitted one time Drug Involvement does not serve as a basis for exploitation or pressure, and he has credibly eschewed any future drug abuse. Clearance is granted. CASE NO: 13-01142.h1


Foreign Influence; Foreign Preference

05/20/2014

Applicant is 37 years old and employed as a Chief Information Officer by a defense contractor. Applicant's recent foreign inheritance and his brother in Egypt do not create a heightened risk of foreign exploitation, inducement, manipulation, retaliation, pressure or coercion, or place national secrets at risk. Applicant has significant emotional ties and financial assets in the United States. He is in the process of transferring his foreign inheritance to the United States. He has destroyed his foreign passport and has no intention of ever renewing it. Sufficient mitigation is shown. Clearance is granted. CASE NO: 13-01085.h1


Financial

05/20/2014

Applicant owes approximately $19,600 in unresolved delinquent debt. Clearance is denied. CASE NO. 12-06082.h1


Guideline F

05/16/2014

The Judge’s material findings of fact are based on substantial record evidence. Adverse clearance affirmed


Foreign Influence; Personal Conduct

05/16/2014

Applicant mitigated the foreign influence concerns, but failed to mitigate the personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 13-00561.h1


Financial; Personal Conduct

05/16/2014

Applicant is a 39-year-old employee of a federal contractor. He did not present sufficient evidence to mitigate the financial considerations security concern stemming from his ongoing financial problems. Clearance is denied. CASE NO: 13-00513.h1


Financial

05/16/2014

Applicant defaulted on about $43,126 in consumer credit obligations between 2009 and 2010. As of September 2013, he had reduced a $1,933 charged-off balance to $90.85, and a $2,627 debt had been paid after collection. He failed to corroborate claimed payments of $9,200 toward $16,116 in collection balances or the elimination of other debts through his spouse’s bankruptcy filing. More documented progress of debt resolution is needed before I can conclude that his financial problems are safely in the past. Clearance denied. CASE NO: 12-04667.h1


Financial

05/16/2014

Applicant’s statement of reasons (SOR) describes 16 delinquent, collection, or charged-off debts, totaling $91,518. Three debts were paid, and four debts were duplications. Nine unresolved delinquent debts total $52,042. He failed to provide sufficient documentation of progress resolving his financial problems. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-03463.h1


Guideline F

05/16/2014

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


Guideline F

05/16/2014

The Board does not construe he Judge’s discussion of Applicant’s apparently inconsistent statements as a security concern additional to those cited in the SOR. Rather she considered the statements for purposes of evaluating Applicant’s credibility. Such an evaluation is permissible. Adverse decision affirmed.


Financial

05/16/2014

Applicant failed to mitigate the security significance of his financial problems, which were largely due to circumstances within his control and which remained largely unaddressed until he received the Statement of Reasons. Clearance denied.


Financial

05/15/2014

Applicant was laid off in 2007, and his wife lost her job the same year. He was unable to continue supporting his family of nine without incurring delinquencies. His home was foreclosed. The lender has not informed him that he owes a deficiency balance on the foreclosed property. He also had several small debts totaling approximately $1,600: He has paid three, has a payment plan in progress for another, and plans to pay the remaining debts when he receives his tax refunds. He has demonstrated good-faith efforts to pay his debts. Clearance is granted. CASE NO: 13-01220.h1


Financial Considerations

05/15/2014

In 2007, Applicant broke his lease and moved across country, using his credit card to pay for moving and living expenses. He had automobile issues. His GI Bill benefits were not used for the designated purposes, and an overpayment resulted. Applicant claimed he had “periods of long unemployment,” but except for his one period from December 2012 until May 2013, he never described any other such periods except while he was a student. Applicant continued to live his life unaffected by most of the above events because of his unrealized expectation that he would receive a large wrongful death settlement pertaining to his deceased sister. Applicant did not make any efforts to pay his creditors, generally ignoring them, even after he had acquired his current position in May 2013. His long-standing failure to repay creditors, at least in reasonable amounts (such as his $92 delinquent account), or to arrange payment plans, reflects traits which raise concerns about his fitness to hold a security clearance or a public trust position. Overall, the record evidence leaves me with substantial questions and doubts as to Applicant’s eligibility and suitability for a public trust position. Clearance is denied. CASE NO: 13-01059.h1


Foreign Influence, Financial Considerations

05/15/2014

Applicant is 42 years old. In 1989, his mother and sister fled Afghanistan during the Soviet invasion and moved to Iran. Applicant maintains contact with them, but it does not rise to the level of creating a security concern. Applicant has numerous delinquent debts totaling more than $22,000. He stated he has paid the debts, but failed to provide sufficient supporting documents to substantiate his position. Applicant mitigated the Guideline B, foreign influence security concerns, but failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 13-01022.h1


Financial; Personal Conduct

05/15/2014

Applicant has not paid the fines and costs assessed from a recent conviction for driving without a valid driver's license. As a result, a warrant for his arrest has been issued. Additionally, Applicant failed to timely file his federal and state income tax returns for multiple tax years. He also has failed to satisfactorily address resulting federal and state tax lien debts. He also has not resolved large child support arrearages and other past-due debts. His financial problems are continuing and it is likely he will continue to accrue debts he cannot pay. His request for a security clearance is denied. CASE NO: 13-00735.h1


Financial

05/15/2014

Applicant failed to provide sufficient information to establish that he had mitigated security concerns related to his financial delinquencies. Clearance is denied. CASE NO: 12-03420.h1


Foreign Influence

05/14/2014

Applicant was unable to mitigate the considerable security concerns raised by his family members who are citizens and residents of Pakistan. Clearance is denied. CASE NO: 13-01289.h1


Foreign Influence

05/14/2014

Applicant is retired from U.S. Air Force, and is a government contractor in South Korea. He has little contact with his South Korean in-laws; and his wife is a U.S. resident alien, who intends to apply for U.S. citizenship once they return to the United States. Furthermore, his property interest in South Korea pales in comparison with his net worth in the United States. Clearance is granted. CASE NO: 13-01072.h1


Drugs, Personal Conduct

05/14/2014

Applicant used marijuana three times between 2000 and 2003 while holding a secret security clearance, and once in 2011, while holding a top secret security clearance. Clearance is denied. CASE NO: 12-08559.h1


Financial

05/14/2014

A single mother with two daughters, Applicant defaulted on about $61,570 in consumer credit card debt incurred for living expenses and medical payments. Medical debt exceeding $50,000 has largely been paid, in part through $40,000 in loans from her 401(k). Applicant satisfied or settled several of the defaulted accounts, and she has paid $3,475 toward a $5,721 judgment balance. A credit card lender cancelled $11,872.34 of her debt. Yet no payments have been made on three collection balances totaling $30,106. She intends to pay those debts at some future date, when she can afford to do so. It is too soon to conclude that her financial problems are safely in the past. Clearance denied. CASE NO: 12-05081.h1


Financial

05/14/2014

Applicant had delinquent debts totaling approximately $16,225. He has not addressed the debts or made payment arrangements. Some unemployment occurred in 2007 and 2009, but Applicant has had steady employment for the majority of time. He stated that he intends to pay his delinquent accounts, but he has not presented any evidence to suggest that he has made any efforts to do so. He has not received financial counseling. He has not resolved any SOR debts. Eligibility for a security clearance is denied. CASE NO: 12-03250.h1


Financial; Personal Conduct

05/13/2014

Applicant failed to timely file his federal and state tax returns from 1997 to 2007. He has resolved his federal tax debt, but he has not resolved his state tax debt and a delinquent medical bill. Clearance is denied. CASE NO: 13-01181.h1


Financial

05/13/2014

Applicant works for a defense contractor. Applicant owes four delinquent debts totaling $50,077. He resolved all of his delinquent debts by payment or installment payment agreements with automatic deductions from his checking account. Applicant mitigated the Financial Considerations security concerns. Eligibility for a clearance is granted. CASE NO: 13-00763.h1


Foreign Influence; Personal Conduct

05/13/2014

Applicant has family members who are citizens and residents of Pakistan. He intentionally provided false information about his foreign financial and business interests on a Questionnaire for National Security Positions (SF 86) and during two background interviews. Clearance is denied. CASE NO: 13-00698.h1


Financial, Personal Conduct

05/13/2014

Applicant is 42 years old. He incurred medical debts when he was in a car accident. He has paid his delinquent debts. Applicant habitually violated traffic laws for more than 16 years. He repeatedly drove while his license was suspended or revoked. Applicant mitigated the security concerns under Guideline F, financial considerations, but failed to mitigate Guideline E, personal conduct. Clearance is denied. CASE NO: 10-00182.h1


Personal Conduct, Financial

05/09/2014

Applicant’s statement of reasons (SOR) alleges 18 delinquent or charged-off debts and a foreclosure together totaling $249,367. He is making payments on his student loans, and his child support is current. However, he did not make sufficient progress resolving his other financial problems. He failed to disclose his negative financial information on his Electronic Questionnaires for Investigations Processing (e-QIP) or application for access to sensitive information because he was in a hurry, and he was concerned disclosure might adversely affect his access to sensitive information. Financial considerations and personal conduct concerns are not mitigated. Eligibility for access to sensitive information is denied. CASE NO: 13-01161.h1


Foreign Preference, Foreign Influence, Personal Conduct

05/09/2014

Applicant was born and raised in Afghanistan and became a U.S. citizen in 2009. He has strong and enduring relationships with family members who are citizens of Afghanistan. He has traveled to Afghanistan to visit family and friends five times since 2005. These relationships create a potential conflict of interest and a heightened risk of foreign exploitation, pressure, or coercion. Applicant mitigated security concerns under the foreign preference and personal conduct adjudicative guidelines, but he failed to mitigate the Government’s concerns under the foreign influence adjudicative guideline. Clearance is denied. CASE NO: 13-00509.h1


Financial

05/09/2014

Applicant accrued more than $31,000 in delinquent debt between 2007 and 2011. Although he has paid three of the debts, most of his past-due obligations have not been addressed. His current finances are characterized by a negative monthly cash flow, which precludes him from resolving his debts and correcting his financial problems. His circumstances are not likely to improve in the near future. His request for a position of trust is denied. CASE NO: 12-09373.h1


Financial; Personal Conduct

05/09/2014

Applicant is 52 years old and employed as a Desktop Support Specialist by a defense contractor. Applicant's history of financial indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. Furthermore, he deliberately falsified his security clearance application by intentionally omitting his delinquent debts, and he was convicted of Grand Larceny, a felony that has not been mitigated. Clearance is denied. CASE NO: 12-03451.h1


Alcohol; Criminal Conduct

05/08/2014

Applicant is a 51-year-old owner of defense contracting business. He failed to provide sufficient evidence to mitigate the security concerns arising from his alcohol consumption and criminal conduct. Clearance is denied. CASE NO: 13-00873.h1


Guideline H; Guideline E

05/08/2014

A Judge is presumed to be unbiased and a party arguing the contrary has a heavy burden on appeal. Adverse decision affirmed.


Financial; Personal Conduct

05/08/2014

Applicant did not mitigate the financial considerations security concerns. The Government established that Applicant deliberately falsified her security clearance application. Applicant failed to mitigate this concern. Eligibility for access to classified information is denied. CASE NO: 12-03998.h1


Guideline F; Guideline E

05/08/2014

Applicant submitted documents before the close of the record which were received by Department Counsel but not timely forwarded to the Judge. Adverse decision remanded.


Guideline F

05/08/2014

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


Financial Considerations

05/08/2014

In 2011, Applicant’s tenants were unable to continue paying their monthly rent and vacated his rental property. Applicant’s income was subsequently reduced. Moreover, his wife exhausted her 401(k) account, and the couple could not timely pay their debts. Accounts became delinquent, placed for collection, or were charged off. The rental property entered into the foreclosure process. Applicant did not ignore his creditors. He searched for new renters, tried refinancing his family residence, resolved his non-SOR accounts, and then focused on the home mortgage on the rental property to save it from foreclosure. He was successful, and the property was sold, leaving Applicant with a zero balance. Applicant’s efforts have not ceased, but he has vowed to continue attempting to resolve the few remaining accounts. Applicant’s actions under the circumstances confronting him do not cast doubt on his current reliability, trustworthiness, or good judgment. Considering his meaningful track record of debt resolution and elimination efforts, further financial issues are unlikely to recur. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 12-00128.h1


Financial

05/07/2014

Applicant has mitigated the security concerns raised by his past-due indebtedness. Clearance is granted. CASE NO: 12-04467.h1


Handling Protected Information

05/07/2014

Applicant's negligent security violations occurred more than three years ago. She has learned from her mistakes and has had no further incidents. Clearance is granted. CASE NO: 11-09219.h2


Financial

05/05/2014

Applicant's financial problems arose from unforeseen periods of unemployment and underemployment. Her husband's medical problems also adversely impacted their household income. Applicant has incurred no recent unpaid debts, she manages her finances responsibly, and she lives well within her means. Applicant also has been proactive in trying to resolve her financial problems. Her request for a public trust position is granted. CASE NO: 12-01337.h1


Drugs; Personal Conduct

05/02/2014

Applicant used marijuana on one occasion in 2009, after having been granted a security clearance. In the intervening five years, he has matured, succeeded at work, earned the trust of his superiors, married, abstained from drugs, and credibly expressed his intent not to ever use illegal drugs again. Applicant mitigated drug involvement and personal conduct security concerns. Clearance is granted. CASE No.: 13-01140h.1


Financial

05/01/2014

Applicant has significant overdue debts, and no evidence was introduced to show that they had been resolved or reduced. Mitigation has not been shown. Clearance is denied.


Drugs

05/01/2014

Applicant used cocaine on two occasions in 2011, while holding a security clearance. These were the only times that he ever used illegal drugs and it was during a period when he had gone through a divorce. 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.


Foreign Influence

05/01/2014

Applicant was born in Afghanistan, fled from the Soviet occupation of Afghanistan in 1980, and came to the United States in 1982. He and his wife became U.S. citizens in 1989. His two children and his mother-in-law are U.S. citizens. He has two brothers and four sisters who are citizens and residents of Afghanistan, and one brother is a lieutenant colonel in the Afghan Army. Applicant has held an interim clearance and served as a linguist with a Marine Corps special operations unit in Afghanistan for almost five years. Foreign influence concerns are mitigated. Clearance is granted. CASE NO: 13-00532.h1


Financial

05/01/2014

Applicant's home was foreclosed because of her husband's loss of employment, the steep rise in the mortgage payments due, and the economic downturn, which made it impossible to sell her house. She currently has no overdue debts, and her financial situation is stable . Mitigation has been shown. Clearance is granted.


Drug Involvement

04/30/2014

Between February 2002 and at least October 2009, Applicant smoked marijuana cigarettes with varying frequency from one cigarette per month to four cigarettes per month. He admitted using marijuana after he was granted a DOD security clearance. His use of marijuana over that lengthy period was for fun and relaxation. At some point, despite having been granted a security clearance, and having been forewarned of the Government’s heightened sensitivity regarding marijuana use, Applicant made a decision to use marijuana for a period of time after being granted a security clearance. As he noted, he should have been mature enough to report himself to his FSO when he made the decision to use marijuana, despite having previously expressed his intentions not to do so. In addition, Applicant’s detailed histories of marijuana use are inconsistent, and it is impossible to determine the accuracy of his estimated frequency or duration of the marijuana use. There are continuing questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 13-01139.h1


Foreign Contacts

04/30/2014

Applicant is 63 years old and employed as a Linguist/Cultural Advisor by a defense contractor. Applicant's foreign contacts from Afghanistan creates a heightened risk of foreign exploitation, inducement, manipulation, retaliation, pressure or coercion and places the national secrets at risk. Insufficient mitigation is shown. Clearance is denied. CASE NO: 12-05231.h1


Financial

04/30/2014

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-04554.h1


Financial

04/30/2014

Applicant works for a defense contractor. Applicant owes two delinquent debts totaling $64,881. Over the past 27 years Applicant has a pattern of incurring debt, not repaying it in an orderly manner, and filing Chapter 7 and 13 bankruptcies to dissolve his financial obligations. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for a clearance is denied. CASE NO: 12-03595.h1


Financial

04/30/2014

Applicant purchased three investment properties and defaulted on the mortgage loans due to breach of contract by a developer and a downturn in the real estate market. The loans on all three properties were foreclosed. One loan was satisfied by the proceeds of the foreclosure sale and the deficiencies on the other two have been resolved. Clearance is granted. CASE NO: 12-02336.h1


Financial; Personal Conduct

04/30/2014

Applicant had 41 delinquent debts, totaling $44,704, identified on the Statement of Reasons (SOR). Applicant filed for Chapter 7 bankruptcy protection in 2003 and was granted a discharge. All of Applicant’s debts remain unaddressed, except for the $26,371 of student loans she is repaying on an installment payment plan. Additionally, security concerns were raised under the Guideline for Personal Conduct regarding falsifications because Applicant failed to disclose her debt on her electronic Security Clearance Application (e-QIP). Applicant failed to mitigate the financial and personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 12-01301.h1


Guideline H; Guideline I

04/30/2014

There is substantial evidence, including Applicant’s own statement, to support the challenged finding that Applicant has bipolar disorder. Adverse decision affirmed.


Drugs, Personal Conduct

04/29/2014

Applicant mitigated the drug involvement concern raised by his history of drug use, which ended in 2010. However, he failed to mitigate the personal conduct concerns raised by the history of poor judgment he exhibited by using drugs after applying for a security clearance in 2001 and while holding a security clearance in 2009 and 2010. Clearance is denied. CASE NO. 13-01281.h1


Financial

04/29/2014

Applicant accumulated numerous delinquent debts due to his decision to work intermittently instead of finding a steady job. He began making payments on a delinquent student loan after being threatened with garnishment, but he has taken no action to resolve his other delinquent debts. Clearance is denied. CASE NO: 13-01246.h1


Foreign Influence

04/29/2014

Applicant purposefully maintains cool relationships with his family members abroad in Kuwait so as to not jeopardize his job. Moreover, his loyalties and life are clearly U.S.-based. I find that Foreign Influence security concerns are mitigated. Clearance is granted. CASE No.: 13-01073.h1


Foreign Influence; Foreign Preference

04/29/2014

Applicant is a naturalized U.S. citizen originally from Hong Kong. She does not hold dual citizenship with any other country and does not exhibit preference for the People’s Republic of China (PRC) or the Hong Kong Special Administrative Region (HKSAR). Applicant has held a clearance, at various levels, since 2005 without incident. Her relationships with family members residing in the HKSAR have remained unchanged since she was initially granted access to classified information. Applicant’s continued access to classified information is granted. CASE NO: 12-02778.h1


Financial

04/28/2014

Applicant accumulated numerous delinquent debts over a six-year period, many of which she attributed to her ex-husband, former boyfriend, and sons. To date, she has made some progress in addressing her debts through payoffs and individual payment plans, but she has demonstrated too little progress in paying her debts to meet minimum eligibility requirements for holding a security clearance. Her efforts to date in addressing her debts are not sufficient to enable her to meet her mitigation burden. Financial concerns are not mitigated. Clearance is denied. CASE NO: 12-04004.h1


Financial; Personal Conduct

04/25/2014

Applicant accumulated numerous debts, some of which have been delinquent for seven or eight years and are unresolved. He intentionally did not disclose several judgments and delinquent debts in his security clearance applications in November 2012 and January 2013. Clearance is denied. CASE NO: 12-12401.h1


Alcohol, Drugs, Criminal Conduct

04/25/2014

Applicant has a history of excessive alcohol use and use of a prescription drug with alcohol. He has had five alcohol-related arrests, four of them DUIs. His current probation for his most recent DUI convictions will end in September 2014. He is in counseling, and has been sober for more than one year, while undergoing random sobriety monitoring required by his probation. Applicant's illegal conduct represents a willingness to disregard rules that is incompatible with holding a security clearance. He has failed to allay security concerns. Clearance is denied. Case No.: 12-02791.h1


Financial

4/25/2014

Applicant is a 62-year-old employee of a defense contractor. He is alleged to be indebted to nine creditors in the approximate amount of $243,062. He has acted responsibly with respect to his debts by resolving all of his delinquencies. Eligibility for access to classified information is granted. CASE NO: 11-12252.h1


Financial

04/24/2014

Applicant’s SOR alleged six debts. He paid one of them for $1,049, leaving five debts unpaid totaling $35,266. Although he claimed to have a payment plan in place to repay two debts and that his mortgage debt was current, he did not provide documentation of same. Two debts were not addressed. He failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 13-01013.h1


Guideline F

04/24/2014

Applicant failed to demonstrate that the Judge erred in his findings of fact. The Appeal Board cannot consider evidence outside the record. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Adverse decision affirmed. CASE NO: 13-00584.a1


Financial

04/24/2014

Applicant has mitigated the security concerns under the financial considerations guideline. He has always paid his taxes and his bills. He encountered unemployment, underemployment, his mother's illness, a medical disability and managed to maintain his financial status. He has two children for which he pays child support. He owes back taxes to the IRS for tax year 2011. He has made an offer in compromise, but due to unemployment since October 2013, the offer has not been accepted. The IRS informed Applicant to contact them when he is employed. Applicant is sponsored by his former employer who stands ready to have Applicant work on a contract. He also has had interviews for a job offer and is waiting to hear news of the position. He has excellent recommendations. He has received financial counseling. He stands ready to carry out his plan of offer in compromise with the IRS. He has presented sufficient documentation to mitigate the financial considerations guideline concern. Eligibility for a security clearance is granted. CASE NO: 12-10504.h1


Guideline F

04/24/2014

The Judge’s material findings are based upon substantial record evidence. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Adverse decision affirmed. CASE NO: 12-01251.a1


Foreign Influence

04/23/2014

Applicant retired after serving nearly 22 years in the U.S. Navy. He has little interpersonal relationship with his Vietnamese relatives; and as such, is not subject to coercion vis-a-vis them. He has no property interest in Vietnam. Clearance is granted. CASE NO: 12-03432.h1


Financial

04/23/2014

Applicant has not filed federal or state tax returns since 2004. He has not paid federal or state taxes for the period. He incurred a judgment and medical debt in 2004 that have not been resolved. Though he paid some listed debts, he did not present sufficient evidence in mitigation to remove the security concerns under the financial considerations guideline. Eligibility for access to classified information is denied. CASE NO: 11-08617.h1


Foreign Preference; Foreign Influence

04/22/2014

Applicant is a naturalized U.S. citizen who was born in Nigeria. His wife is a native born U.S. citizen. They have one son who was born in the United States. Applicant's mother has obtained a visa to reside in the United States and live with Applicant and his family. Applicant's wife's family are U.S. citizens. Applicant's sister and three brothers are citizens and residents of Nigeria. Applicant held a Nigerian passport, but he has surrendered the passport to his Facility Security Officer. Applicant has mitigated the security concerns under the foreign preference and foreign influence guidelines. Eligibility for a security clearance is granted. CASE NO: 13-01151.h1


Foreign Influence

04/22/2014

Applicant, 53, was born in Afghanistan. He immigrated to the United States in 1985, and became a naturalized U.S. citizen in 1993. His wife is a naturalized U.S. citizen and they have four U.S.-born children. He was deployed in support of U.S. interests in Afghanistan. He has three siblings and extended family members that live in Afghanistan. One of his brothers is a high official in a sensitive position in the Afghan government. He failed to demonstrate that his contacts in Afghanistan do not pose a security risk, and that he is not in a position to be forced to choose between loyalty to the United States and his connections to family members. He failed to mitigate the foreign influence security concerns raised. Clearance is denied. CASE NO: 13-00355.h1


Drugs

04/18/2014

Applicant has used marijuana for 43 years, most recently in August 2013. He also intends to continue using marijuana. His request for a security clearance is denied. CASE NO: 12-07777.h1


Financial

04/17/2014

Applicant fell behind on some financial obligations due to reduced work hours and having to care for his daughter and his daughter’s sister after the girls’ mother was deployed for the U.S. military. Applicant enrolled five accounts totaling $31,878 in a debt repayment program, into which he has paid $2,216 as of late March 2014, but he has no plan in place to resolve a $24,337 charged-off consumer credit debt. More progress is needed toward resolving his debt. Clearance denied. CASE NO: 13-01244.h1


Foreign Influence

04/17/2014

Applicant fled his native Afghanistan for Pakistan with his family as a youth in 1979. He immigrated to the United States in December 1991, and he acquired his U.S. citizenship in January 1999. In 2008, his spouse immigrated to the United States from Pakistan, but a heightened risk of foreign influence exists because of his close relationship and contacts to his sister and her family in Afghanistan. Clearance denied. CASE NO: 13-00627.h1


Financial; Personal Conduct

04/17/2014

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: 12-01046.h1


Drugs

04/17/2014

Applicant's drug use was not recent and is not likely to recur. He was not arrested for drug possession as alleged, and he has severed all ties with his friends who used drugs. The security concerns raised by his use of illegal drugs are mitigated. His request for a security clearance is granted. CASE NO: 11-15193.h1


Foreign Preference; Financial

04/16/2014

Applicant mitigated any foreign preference security concerns raised by his connections and ties to Germany. He filed his 2006, 2007, and 2008 federal income tax returns in 2010. Financial considerations concerns raised by when he filed those returns are also mitigated. Clearance is granted. CASE NO: 13-01178.h1


Financial; Personal Conduct

04/16/2014

Applicant has not mitigated the security concerns raised by his excessive past-due indebtedness. He mitigated his improper use of a company credit card. Clearance is denied. CASE NO: 12-02149.h1


Mental

04/16/2014

Applicant is 32 years old. She was diagnosed by two duly qualified mental health professionals with a mental disorder that has not been resolved. Applicant continues to have symptoms from the disorder despite compliance with a treatment plan. Her mental disorder could affect her judgment and reliability. Applicant failed to mitigate the security concerns under Guideline I, psychological conditions. Clearance is denied. CASE NO: 11-12683.h1


Financial

04/15/2014

Applicant works for a defense contractor. He has eight delinquent debts totaling $10,325. Applicant resolved all of these debts by an installment payment plan, settling for a lesser amount and paying the compromised figure, or disputing two debts. Applicant mitigated the financial considerations security concerns. Eligibility for a public trust position is granted. CASE NO: 13-01023.h1


Personal Conduct

04/15/2014

Applicant committed about 20 mostly traffic offenses from 1998 to 2011, and he was fined about $3,868. He intentionally omitted derogatory information from his October 1, 2012 Electronic Questionnaire for Investigations Processing (e-QIP) version of security clearance application (SF 86). Personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 13-00719.h1


Alcohol; Criminal Conduct; Personal Conduct

04/15/2014

Applicant had five alcohol-related arrests and convictions between May 1980 and December 2012. His employment was terminated under unfavorable circumstances eight times between March 2006 and December 2012 because of alcohol-related absenteeism and unsatisfactory performance. After his December 2012 arrest, he completed an inpatient alcohol treatment program, an outpatient group counseling program, and a 13-week individual psychotherapy program. He regularly takes prescribed medications for depression, and he attends Alcoholics Anonymous meetings three or four times a week. Insufficient time has passed since his last DUI to determine if he is rehabilitated. Clearance is denied. CASE NO: 12-09788.h1


Financial

04/15/2014

Applicant has addressed only six of her twenty one past-due debts. Clearance is denied. CASE NO: 11-14932.h1


Foreign Influence, Personal Conduct

04/14/2014

Applicant is 55 years old. He has three delinquent debts totaling more than $155,000, including a federal tax lien for unpaid taxes from 2011. None of the debts are resolved. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 13-01057.h1


Drugs; Personal Conduct

4/14/2014

Applicant failed to mitigate the Drug Involvement and Personal Conduct security concerns. Applicant used marijuana in 2010 while holding a security clearance. He then intentionally omitted his drug use on his April 2013 Electronic Questionnaires for Investigative Processing (e-QIP). Eligibility for access to classified information is denied. CASE NO: 13-01021.h1


Foreign Preference

04/14/2014

Applicant, a native-born U.S. citizen and the son of German immigrants who became U.S. citizens, acquired dual citizenship with Germany at birth. In 1990, he acquired a German passport, thinking he might one day wish to work in Germany. Instead, he had a successful career in the United States as a federal law enforcement officer. He renewed his German passport, in part with the mistaken belief that his German passport conveyed dual citizenship, a condition he believed might advance his children’s educations and career opportunities. He surrendered his German passport to his cognizant security authority, and he stated he did not intend to reclaim it. Applicant mitigated security concerns under the foreign preference adjudicative guideline. Eligibility for a security clearance is granted. CASE NO: 12-03912.h1


Financial

04/14/2014

Applicant accumulated approximately $26,000 of delinquent debt since 2007. She failed to provide evidence that she made any good-faith effort to resolve any of the delinquent debts, or demonstrate reliability or good judgment in addressing her financial obligations. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-02371.h1


Personal Conduct

04/14/2014

Applicant failed to list a felony arrest and conviction involving sexual misconduct in two security clearance applications and ensuing OPM interviews and disclosed the incident only after being confronted. Raised personal conduct concerns over deliberate omissions are neither refuted nor mitigated. Clearance is denied. CASE NO: 11-15121.h1


Financial Concerns

04/14/2014

In April 2011, two and one-half years before the SOR was issued, Applicant enrolled in a debt elimination program administered by a financial counseling agency for the purpose of accumulating funds to repay her debts. She has been making monthly payments of $155, to be divided among her creditors, and all but two of her non-SOR debts and SOR debts have been paid off, settled, or otherwise resolved, or are in the process of being resolved. Applicant is still being assisted by the financial counseling agency, with the ultimate goal of eventually resolving all of her delinquent accounts. There are clear indications that Applicant’s financial problems are under control. Applicant’s actions under the circumstances confronting her do not cast doubt on her current reliability, trustworthiness, or good judgment. Considering her meaningful track record of past and current debt resolution and elimination efforts, further financial issues are unlikely to recur. There are no questions or doubts as to her security eligibility and suitability. Clearance is granted. CASE NO: 11-01784.h1


Financial

04/14/2014

Applicant falsified his 2006 and 2009 security clearance applications (SCAs) and made false statements to a government investigator. He was less than candid and forthcoming at his hearing. He was irresponsible in complying with his legal and financial obligations. His lack of judgment and unwillingness to comply with the law raise questions about his reliability, trustworthiness, and ability to protect classified information. Clearance denied. CASE NO: 10-03898.h1


Financial; Personal Conduct

04/11/2014

Applicant is a 32-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his delinquent debts and security clearance application falsifications. Clearance is denied. CASE NO: 13-01143.h1


Financial

04/11/2014

Applicant admitted he has over $20,000 in delinquent debt, although he disagrees that he is responsible for about $868 of that sum. His debts were acquired through a lack of financial restraint. He is presently unable to address them due to his wife’s medical bills. He presented no evidence indicating any efforts to address the delinquent debt at issue, now or in the future. In light of the scant evidence introduced, Financial Considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 13-00916.h1


Foreign Influence, Foreign Preference

04/11/2014

Applicant’s grandfather and several extended family members are citizen-residents of Pakistan, but he has not had contact with them in seven or eight years. He has not been in Pakistan since 2007. He has substantial assets in a U.S. account, and no property or accounts in Pakistan. He surrendered his foreign passport to his FSO. Applicant has served in a combat zone. He willingly put himself in harm’s way, and placed U.S. interests ahead of his own safety. Security concerns regarding foreign influence and foreign preference are mitigated. CASE NO: 13-00883.h1


Guideline j; Guideline D; Guideline F

04/11/2014

Applicant challenges the Judge’s finding that he had assaulted his daughter. Applicant’s plea of guilty and the testimony of the detective are sufficient evidence to support the challenged finding. Adverse decision affirmed.


Guideline F

04/11/2014

Even if the Judge’s characterization of the vehicle (for which Applicant co-signed a note) as luxury is erroneous, such error is harmless. Adverse decision affirmed.


Guideline E; Guideline F

04/11/2014

The expectation of a tax refund is not sufficient to mitigate security concerns arising from a failure to file tax returns. Adverse decision affirmed.


Financial

04/11/2014

Applicant is a 43-year-old employee of a federal contractor. He did not present sufficient evidence to mitigate the financial considerations security concern stemming from a defaulted mortgage loan that is pending foreclosure. Clearance is denied. CASE NO: 11-15118.h1


Financial

04/10/2014

Applicant has two charged-off student loans totaling more than $22,000. She is almost $4,000 past due on other student loans totaling approximately $71,000 and owes more than $4,000 on seven collection accounts, all alleged in the Statement of Reasons (SOR). None of the delinquent obligations have been paid. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 13-01187.h1


Foreign Influence

04/10/2014

Applicant is a naturalized U.S. citizen originally from Syria. He has mitigated the foreign influence concern raised by his familial contacts and property interest in Syria. Clearance is granted. CASE NO: 13-00984.h1


Financial

04/10/2014

Applicant has had overdue debts as a result of a separation and divorce. He has now paid off all of the overdue debts. His financial situation is stable, and he is not overdue with any of his current financial obligations. Mitigation has been shown. Clearance is granted.


Foreign Influence

04/10/2014

61 year old Applicant was born in Afghanistan, emigrated to the United States in 1977, and became a United States citizen in 1986. His uncle, a general in the Aghan Army, and his aunt are citizens and residents of Afghanistan. On one Government document he represented that he has more than 15 contacts a year with his uncle and aunt, as well as regular contacts with the president of Afghanistan. Applicant furnished incomplete, untruthful information on a Security Clearance Application that he completed and certified on January 10, 2013. He deliberately failed to disclose his relationship and contacts with his uncle, his aunt, or the Afghan president. Mitigation has not been shown. Clearance is denied


Financial

04/10/2014

Applicant has significant overdue debts, and no evidence was introduced to show that they had been resolved. Applicant filed a Chapter 13 bankruptcy to resolve some of his delinquent debts, but he has fallen behind on the required payments of the bankruptcy. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Foreign Preference

04/09/2014

Applicant mitigated both the foreign influence and foreign preference security concerns. Eligibility for access to classified information is granted. CASE NO: 13-00978.h1


Financial; Foreign Influence

04/09/2014

Applicant emigrated from his native Pakistan to the United States in May 1989. He acquired his U.S. citizenship in December 1995. Since July 2011, he has been a contract linguist for the U.S. military in Afghanistan. Foreign influence concerns are heightened because Applicant and his spouse have close family members who are resident citizens of Pakistan. Financial considerations raised by over $24,000 in delinquent debt are not fully mitigated without proof of any efforts to resolve the debts. Clearance denied. CASE NO: 12-09413.h1


Financial

04/08/2014

Applicant has been working for his current employer, a government contractor, since August 2012. His past financial difficulties were tied to a divorce and a period of unemployment. He has acted responsibly to initiate payment plans and to make partial payments on financial delinquencies for which he is responsible. His current financial situation requires planning and discipline to avoid future delinquencies. Applicant appears to have the maturity and resolve to honor his financial commitments and to avoid living beyond his means. He has mitigated security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is granted. CASE NO: 13-01229.h1


Personal Conduct

4/08/2014

Applicant failed to sufficiently mitigate the Personal Conduct security concerns. Applicant was citied four times between 2006 and 2012 for various minor offenses. He failed to list those citations on his October 2012 Electronic Questionnaire for Investigations Processing (e-QIP). Additionally, his employment was terminated three times by different employers, between 2006 and 2012. He is repaying a past-due debt. Although he mitigated some security concerns, doubts concerning his judgment and reliability remain unresolved. Eligibility for access to classified information is denied. CASE NO: 13-00917.h1


Foreign Influence, Financial

04/08/2014

Applicant has several relatives who are citizens and residents of Lebanon. He failed, however, to provide sufficient information about these relations to facilitate a proper analysis under the adjudicative guidelines (AG). Although he explained that a large past-due mortgage balance was attributable to circumstances under his control, he failed to document his efforts to address his admitted debt. Foreign Influence and Financial Considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 13-00134.h1


Financial; Personal Conduct

4/08/2014

Applicant had 20 delinquent debts, totaling $30,631. All of Applicant’s debts remain unaddressed. Additionally, security concerns were raised because Applicant failed to disclose her debt on her electronic Security Clearance Application (e-QIP). Applicant failed to mitigate the financial and personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 11-11052.h1


Foreign Influence

04/07/2014

Applicant is a naturalized U.S. citizen, born in the People’s Republic of China, who has such deep and longstanding family, financial, and employment relationships and loyalties in the U.S., that she can be expected to resolve any conflict of interest in favor of the U.S. interest. She and her husband have resided together in the U.S. since 1991, and their daughter has resided here her entire life. Her mother resides in the United States. Her sister, brother-in-law, and nephew will shortly join her in the United States as permanent resident-aliens. Soon, too, her mother-in-law and brother-in-law will return to the United States where they are already permanent resident-aliens. Applicant’s values are U.S. values. 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 her. With the vast majority of her family and extended family members either permanently residing in the United States, or about to do so, there is a reduced risk of foreign exploitation, inducement, manipulation, pressure, or coercion compared to a situation where close family members lived in the PRC. Under the evidence presented, I have no questions about Applicant’s reliability, trustworthiness, and ability to protect classified information. Clearance is granted. CASE NO: 13-00838.h1


Foreign Influence; Personal Conduct

04/07/2014

Applicant has mitigated the security concerns raised by her family members who live in Pakistan, as well as her family's financial interests. She did not falsify a Government questionnaire. Clearance is granted. CASE NO: 13-00380.h1


Financial

04/05/2014

Applicant is 59 years old and employed as a Computer Systems Analyst by a defense contractor. His excessive indebtedness brought on by the collapse of the real estate market in 2009, resulting in a property foreclosure, has been resolved. Clearance is granted. CASE NO: 12-04806.h1


Financial

04/04/2014

Applicant bought properties during the real estate boom with little to no money down, and at least two adjustable-rate mortgage loans on each property. When the market crashed, he was unable to refinance the loans or sell the properties. He was unemployed for about one year in 2011 and eventually was unable to make payments. Two properties were sold through a short sale. The second mortgage loan on his residence is almost $130,000 delinquent. He is also delinquent on a credit card with a balance of more than $24,000. Applicant has a substantial negative monthly remainder and is unlikely to be able to resolve the delinquencies. Clearance is denied. CASE NO: 13-01115.h1


Guideline f

04/04/2014

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


Guideline F

04/04/2014

A variance between the SOR allegations and the Judge findings and conclusions is material only if subjects the Applicant to unfair surprise regarding the government’s evidence or the security concerns at issue. Adverse decision affirmed.


Guideline D

04/04/2014

Applicant’s statements contain significant inconsistencies regarding the frequency of his viewing of child pornography and other matters. The extensive inconsistencies undercut his case in mitigation. Favorable decision reversed.


Financial; Personal Conduct

04/03/2014

Through the auspices of a credit counseling service, Applicant has addressed her alleged past-due indebtedness. However, she failed to disclose that indebtedness, to include a judgment, when Applicant executed her e-Qip. Clearance is denied. CASE NO: 13-00438.h1


Financial

04/03/2014

Applicant is a 50-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: 12-03604.h1


Criminal Conduct; Personal Conduct

04/03/2014

In April 2009, Applicant made an obscene phone call. In April 2010, he got into a heated argument with the manager of a fast-food restaurant that resulted in charges against him for threatening to burn down the restaurant. The charges were later reduced to disorderly conduct. Both incidents occurred while he was suffering from depression. He obtained psychiatric treatment in June 2010 and his mood swings are now controlled by medication. He did not disclose the obscene phone call on his security clearance application, but he credibly testified that he disclosed it to his security manager ten months before submitting his security clearance application. He has refuted allegations of falsifying his security clearance application and mitigated the criminal conduct concerns. Clearance is granted. CASE NO: 11-06274.h1


Foreign Influence; Personal conduct

04/02/2014

Applicant has six immediate family members who are resident citizens of Afghanistan. He has provided approximately $11,000 to his family since 1990. His evidence is insufficient to overcome the security concerns arising from the foreign influence guideline. Applicant opened several restaurants between 2006 and 2011, but did not pay applicable taxes as required by state and federal law. His failure to resolve the tax liens and judgments has not been mitigated under the personal conduct guideline. Eligibility for access to classified information is denied.


Alcohol; Criminal; Personal Conduct

4/02/2014

Applicant mitigated the Personal Conduct, Alcohol Consumption, and Criminal Conduct security concerns. Applicant was arrested three times, between 1990 and 2011, for alcohol-related offenses. He has abstained from alcohol use since August 2011 after completing court-ordered alcohol counseling. Recurrence is unlikely given his strong conviction to maintain sobriety. Doubts concerning his judgment and reliability are resolved. Eligibility for access to classified information is granted. CASE NO: 12-06265.h1


Financial; Personal Conduct

04/02/2014

Applicant was unable to mitigate security concerns regarding 23 delinquent debts exceeding $42,000, and falsification of his August 2011 security clearance application. Clearance is denied.


Foreign Influence

04/01/2014

Applicant is a 63-year-old employee of a federal contractor. The evidence shows he has explained and mitigated the foreign influence security concern based on his strong ties to the United States, which outweigh and overcome his ties to Afghanistan. Clearance is granted. CASE NO: 13-00386.h1


Foreign Preference

04/01/2014

Applicant mitigated the security concerns arising from his possession and past use of a foreign passport. He has lived and worked in the United States for over 40 years. He surrendered his foreign passport to his facility security officer and established that his preferences squarely lie with the United States. Clearance is granted. CASE NO: 12-06713.h1


Financial

04/01/2014

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 12-03479.h1


Financial

04/01/2014

Applicant is a 28-year-old employee of a defense contractor. He has 23 outstanding debts that became delinquent between 2008 and 2013, totaling around $38,000. Applicant failed to submit sufficient evidence to show financial responsibility concerning the debts alleged in the Statement of Reasons. Clearance denied. CASE NO: 11-10541.h2


Financial Concerns

03/31/2014

Applicant’s financial problems were largely beyond her control. They were generated when she lost her job, remained unemployed for several months, obtained only part-time employment, got a divorce after a lengthy separation, terminated her relationship with her frequently unemployed cohabitant, raised three small school-age children, and did not receive child support from either her ex-husband or the father of her other child. If Applicant had received the $97,340.67 in child support her ex-husband and the father of her other child owed her, she would not be in debt, and none of her accounts would have become delinquent. All but 3 of the 17 SOR-debts have been paid off, settled, or otherwise resolved, or are in the process of being resolved. There are clear indications that Applicant’s financial problems are under control. Applicant’s actions under the circumstances confronting her do not cast doubt on her current reliability, trustworthiness, or good judgment. There are no questions or doubts as to her security eligibility and suitability. Clearance is granted. CASE NO: 13-01245.h1


Foreign Influence

03/31/2014

Applicant mitigated the security concern generated by his relationship to his family members who live in Israel. Clearance is granted. CASE NO: 13-00912


Financial

03/31/2014

Applicant's financial problems over the past several years arose from unforeseen periods of unemployment and unplanned medical expenses, for which she was not insured. She has been employed for over two years, has medical insurance, and has established a debt repayment plan through a recent Chapter 13 bankruptcy petition. Her request for a public trust position is granted. CASE NO: 12-06741.h1


Financial

03/31/2014

Applicant is a 59-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: 12-03113.h1


Guideline F

03/31/2014

If Applicant was in any way confused or unclear as to the Judge’s proposals for leaving the record open, he was duty bound to bring up the issue at the time of hearing, or the post-hearing period granted by the Judge for post-hearing submissions. Applicant was not denied an opportunity to present evidence. Adverse decision affirmed.


Guideline K

03/31/2014

The Judge’s analysis does not adequately explain why Applicant’s security violations do not cast lingering doubt on her judgment and reliability. The Judge’s mitigation and wholeperson analysis fail to consider important aspects of the case. The best resolution of this appeal is to remand the case to the Judge for a new decision that corrects these errors. Affirmative decision remanded,


Drugs; Alcohol; Criminal Conduct; Personal Conduct

03/28/2014

Applicant has arrests and convictions for driving under the influence (DUI) in October 2002 and June 2011, both incidents resulting in accidents. At the time of the June 2011 DUI, he was carrying a concealed weapon for which he had a permit, but the permit was not valid for carrying the weapon while intoxicated. He tested positive for marijuana in November 2011. He was required to install an interlock device on his vehicle as a result of the June 2011 DUI, and he had an interlock violation in early 2013. Clearance is denied. CASE NO: 13-00991.h1


Guideline F

03/28/2014

The gravamen of the judge’s analysis was that Applicant’s lack of awareness of debt problems raised questions about his security worthiness. Adverse decision affirmed.


Financial

03/28/2014

Applicant established her eligibility for access to classified information. Her recent financial trouble is directly attributable to matters beyond her control. She and her husband were medically discharged from the military, and then suffered long-term unemployment and underemployment. She also incurred significant debts after being recently diagnosed with cancer. She submitted documentary proof of responsibly handling her debts and placing her financial house in order. Her past financial situation no longer raises concerns about her judgment, reliability, and trustworthiness. Clearance is granted. CASE NO: 13-00761.h1


Guideline B

03/28/2014

The Jude error regarding Applicant’s sibling is ultimately harmless in the context of the overall decision. Adverse decision affirmed.


Sexual Behavior; Criminal Conduct; Personal Conduct

03/28/2014

Between 2007 and 2011, Applicant solicited sexual services from massage parlors. Since then, he told his wife and his employer and attended marriage counseling. Under these circumstances there is no vulnerability to coercion, and the severity of the misconduct is outweighed by the passage of time since the last episode and the presence of rehabilitation. Applicant has mitigated the security concerns. Clearance is granted. CASE NO: 12-09518


Guideline H

03/28/2014

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


Drug Involvement

03/28/2014

Applicant used marijuana, cocaine, mushrooms, and, on one occasion, his wife’s prescription Xanax. He continued using marijuana until one year before the March 2014 hearing, after expressing his intent in January 2012 not to abuse drugs in the future. He has made no notable changes in his lifestyle. Insufficient time has passed to establish a demonstrated record of successful abstinence. Applicant failed to mitigate security concerns. Clearance is denied. CASE No.: 12-04433h.1


Financial Considerations

03/27/2014

Applicant’s financial problems were not caused by frivolous or irresponsible spending, and he did not spend beyond his means. His financial problems were substantially beyond Applicant’s control. Commencing in about 2001 - 2002, Applicant started experiencing some financial difficulties when he went through a financially distressing divorce process. He was divorced in 2003. He also incurred unexpectedly large medical bills when he underwent treatment for kidney stones. His main financial problems arose when his employer went bankrupt and in September 2012, Applicant became unemployed. He remained unemployed until April 2013. During that period, some accounts became delinquent, placed for collection, or were charged off. Two accounts went to judgment. Applicant contacted his creditors and, when he was able to do so, he entered into repayment arrangements or settled some accounts for less than the full amount. In an effort to address his remaining accounts, when Applicant obtained his current position, he immediately volunteered for a potentially dangerous overseas deployment to generate additional salary. He has paid off, settled, or otherwise resolved, or is in the process of resolving, nearly all of his accounts, including his non-SOR accounts. There are clear indications that Applicant’s financial problems are under control. Applicant’s actions under the circumstances confronting him do not cast doubt on his current reliability, trustworthiness, or good judgment. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 13-01058.h1


Financial

03/27/2014

Applicant is a 32-year-old employee of a federal contractor. The evidence shows she has a history of financial problems or difficulties largely due to her husband's bad behavior (drug addiction and drug-related criminal conduct) as well as uninsured medical expenses stemming from childbirth in 2010. The security concern is mitigated because: (1) the financial problems happened under circumstances that are unlikely to recur; (2) the conditions that resulted in the financial problems were largely beyond her control and she has acted responsibly under the circumstances; and (3) there are clear indications that the financial problems are being resolved or are under control. Clearance is granted. CASE NO: 13-01018.h1


Financial

03/27/2014

Applicant accumulated delinquencies after he purchased two properties in 2006 and 2007. The real estate market crashed, and his ex-wife was unexpectedly laid off from her job of 10 years. He has contacted creditors, paid two debts, and is paying three others through payment plans. He has demonstrated good-faith efforts to pay his debts. Clearance is granted. CASE NO: 13-00989.h1


Foreign Influence

03/27/2014

Applicant’s contacts with family members who are citizens and residents of Russia raise security concerns under Guideline B, Foreign Influence. Applicant failed to mitigate the Government’s Guideline B security concerns. Clearance is denied. CASE NO: 13-00705. h1


Financial

03/27/2014

Applicant did not mitigate the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 12-03799.h1


Financial

03/27/2014

Applicant has yet to address five admitted past-due debts totaling more than $39,000. Clearance is denied. CASE NO: 12-03668.h1


Drugs; Personal Conduct

03/27/2014

Applicant is a 24-year-old employee of a defense contractor. He failed to provide sufficient evidence to mitigate the security concerns arising from his drug involvement and his falsification of information in security clearance applications. Clearance is denied. CASE NO: 11-15133.h1


Financial; Personal Conduct

03/27/2014

Applicant accumulated a number of consumer debts during periods of underemployment and unemployment that he has since addressed with payments and a debt consolidation plan that shows good repayment promise. Applicant mitigates financial concerns. Raised personal conduct concerns over potential conflicts of interest associated with periods of overlapping employment relationships are unsubstantiated. Clearance is granted. CASE NO: 11-12987.h1


Foreign Preference; Foreign Influence

03/26/2014

Applicant is a dual citizen of his native United Kingdom and the United States. Foreign preference concerns raised by his renewal of a U.K. passport as a U.S. citizen are mitigated by his surrender of custody of his U.K. passport to his facility security office. Despite the foreign influence concerns that arise because of his ownership of substantial financial assets in the United Kingdom, and his retention until very recently of U.K. security clearance eligibility, I am persuaded that he can be counted on to act in U.S. interests. Clearance granted. CASE NO: 13-01028.h1


Financial

03/26/2014

Applicant incurred a significant federal income tax debt when his wife failed to submit their federal income tax returns for 2007-2010, and he fell behind on his home mortgage loan payments when she failed to make payments for several months without his knowledge. Applicant has filed for divorce, and the property settlement provides for sale of the marital home, which will generate sufficient funds to pay the federal tax debt and the past-due mortgage payments. Applicant stopped making the payments on the tax debt and the mortgage loan to force his estranged wife to pay half of the marital debts. He has a contract to sell the marital home, but closing on the sale has been delayed several times and has not yet been rescheduled. Clearance is denied. CASE NO: 13-00759.h1


Financial

03/26/2014

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 12-02449.h1


Foreign Influence; Foreign Preference

03/26/2014

Applicant is a 34-year-old consultant who works for a defense contractor. He provided sufficient evidence to mitigate the security concerns arising from the foreign influence allegations, but failed to mitigate the security concerns arising from his possession of a valid foreign passport. Clearance is denied. CASE NO: 12-02082.h1


Financial

03/25/2014

Applicant is 60 years old and is employed as a Principal Systems Analyst for a defense contractor. His failure to file Federal and State income tax returns for tax years 2010, 2011, and 2012, has been mitigated. Applicant has also paid all of his delinquent back tax debts owed to the IRS and the State taxing authorities. Clearance is granted. CASE NO: 13-01134.h1


Financial

03/25/2014

Applicant is 39 years old and is employed as a Technical Support Manager for a defense contractor. Applicant's delinquent indebtedness brought on, through no fault of his own, by a bad property investment has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted. CASE NO: 12-04134.h1


Criminal; Personal Conduct; Financial

03/25/2014

Applicant is 47 years old and is employed as a Quality EHS Manager for a defense contractor. His history of criminal conduct includes uttering worthless checks, a felony, 1st degree theft, a military Bad Conduct Discharge, and a DW-0I has not been mitigated. He deliberately concealed his military Bad Conduct Discharge from the Government on his security clearance application. His history of excessive indebtedness is now being addressed, but has not been resolved and remains excessive. Clearance is denied. CASE NO: 12-03606.h1


Financial

03/25/2014

Applicant failed to timely file his Federal income tax returns for at least tax years 2000 through 2008. While he has entered into payment agreements with the Internal Revenue Service to resolve his delinquent federal income tax debt, he has failed to make consistent payments under these agreements, and, as a consequence, he has had to reestablish new payment agreements. Applicant’s personal financial statement suggests he is spending more than he earns. It is not clear from the record evidence that Applicant will be able to resolve his long-standing Federal income tax delinquencies. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 12-02058.h1


Security Violation; Personal Conduct

03/25/2014

Applicant failed to mitigate the security concerns raised by his repeated security violations. Clearance is denied. CASE NO. 11-10255.h1


Financial Concerns

03/24/2014

Applicant’s financial problems were not caused by frivolous or irresponsible spending, and she did not spend beyond her means. Rather, Applicant’s problems were largely beyond her control. In about 2007 - 2008, the bottom fell out of the economy and her outside horse-breeding earnings. In addition, Applicant was injured and became somewhat incapacitated for seven or eight months. While Applicant started experiencing some financial difficulties when those events occurred, she was able to handle her finances and pay her bills. But, in May 2011, she was laid off, and her monthly income plummeted to $1,000 in unemployment compensation. In an effort to avoid delinquencies, she reduced her financial obligations and, among other actions, sold off some real estate, sold all non-essential farm equipment, and laid off employees. She also accepted a much lower paying job which paid her $24,000 per year. She managed to survive financially for another year, but by May 2012, all of her assets had been exhausted. Applicant eventually secured another, better-paying position, and she has paid off, settled, or otherwise resolved, or is in the process of resolving, all of her accounts, including non-SOR accounts and those accounts appearing in the SOR. There are clear indications that Applicant’s financial problems are under control. Applicant’s actions under the circumstances confronting her do not cast doubt on her current reliability, trustworthiness, or good judgment. The entire situation occurred under such circumstances that it is unlikely to recur. There are no questions or doubts as to her security eligibility and suitability. Clearance is granted. CASE NO: 13-01024.h1


Handling Protected Information

03/24/2014

Applicant is an engineer with a record of four security violations. He left a classified tape on a bench in a laboratory in November 2006. In June 2012, he failed to secure a lock on a classified closed area. In October 2012, he left six classified hard drives unsecured in a closed area that was secured but not approved for open storage. In December 2012, he installed unapproved software on a classified information system. Applicant has since established routines to remind him of his security responsibilities, but his negligence in fulfilling his security responsibilities continues to cast doubt about his security worthiness. Clearance denied. CASE NO: 13-00676.h1


Foreign Influence

03/24/2014

Applicant is an employee of a defense contractor. He has six immediate family members living in Afghanistan, where they are citizens. His father is a Afghan police officer. He maintains regular and frequent contact with them. His connections with the United States are relatively new and not deeply anchored yet. Applicant did not mitigate the Foreign Influence security concerns. Eligibility for a clearance is denied. CASE NO: 13-00630.h1


Financial; Personal Conduct

03/24/2014

Applicant accrued more than $20,000 in delinquent debt due to periods of unemployment and uninsured medical expenses. She was also arrested and convicted for grand theft from her employer. Applicant has not timely acted to resolve her financial problems, and is currently unable to pay most of the debts alleged in the SOR. Although Applicant recently sought credit counseling, she has not established a repayment plan or budget. Her financial problems are likely to recur, and her request for a position of trust is denied. CASE NO: 12-03331.h1


Financial

03/24/2014

Applicant relied on consumer credit to cover living expenses and almost $12,000 in medical expenses. As of February 2014, he owed more than $30,000 in delinquent debt, which he planned to resolve in two years from the equity in his home. After his hearing, he began making $50 payments on six debts, but these recent payments are not sufficiently mitigating of his years of disregard of four court judgments and other collection debts. Clearance denied. CASE NO: 12-02609.h1


Financial; Personal Conduct; Criminal Conduct

03/24/2014

Applicant was convicted by a general court-martial of crimes involving moral turpitude. He also has serious financial problems. Clearance is denied. CASE NO: 12-02078.h1


Foreign Preference, Foreign Influence

03/21/2014

Applicant mitigated Guideline C, foreign preference, security concerns regarding dual citizenship and a foreign passport by Applicant’s formal renunciation of Pakistani citizenship and the surrender of his Pakistani passport. Scant information regarding various family members who remain citizens or residents of Pakistan and are currently in flux, however, limit scrutiny under Guideline B, foreign influence. Foreign influence security concerns remain unmitigated. Clearance is denied. CASE No.: 13-00701.h1


Foreign Influence

03/21/2014

Applicant is serving as a linguist for U.S. forces in Afghanistan. He has such deep and longstanding relationships and loyalties in the United States that he can be expected to resolve any conflict of interest involving his connections to Afghanistan in favor of the U.S. interest. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 13-00565.h1


Financial

03/21/2014

Applicant has unresolved debt for two mortgage accounts in the amount of $333,000. She has no plan to resolve the debts. Eligibility for a security clearance is denied. CASE NO: 12-06721.h1


Financial

03/21/2014

Applicant has a record of failing to meet her obligations to pay her debts. Her debts were discharged through a Chapter 7 bankruptcy in 2002. She has accrued subsequent debts. The Statement of Reasons alleges delinquencies amounting to more than $200,000, which includes foreclosed mortgage loans. She has failed to make payments or establish payment plans on any of her delinquent debts. Applicant's request for eligibility for a public trust position is denied. CASE NO: 12-06714.h1


Financial

03/21/2014

Applicant has 22 delinquent, collection, or charged-off debts, which total more than $31,000. He has made no payments on the debts and does not intend to do so. He has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 12-03984.h1


Financial

03/21/2014

Applicant did not mitigate the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 12-02044.h1


Guideline B; Guideline F

03/20/2014

Even if the Judge erred in one of his findings, the error did not affect the outcome of the case and, therefore, was harmless. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Adverse decision affirmed. CASE NO: 13-00175.a1


Guideline F; Guideline E; Guideline B

03/20/2014

Applicant failed to demonstrate that the Judge mis-weighed the evidence. False statements in Applicant’s bankruptcy petition, combined with all the other evidence, supports whole-person assessment of questionable judgment, untrustworthiness, and unreliability. Adverse decision affirmed. CASE NO: 12-09314.a1


Financial

03/20/2014

Applicant is a 44-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: 12-03565.h1


Criminal Conduct; Personal Conduct

03/20/2014

Applicant was unable to mitigate security concerns following his 1985 arrest and conviction for domestic violence; his 1995 arrest for first degree murder of his three-year-old son, which resulted in him being convicted of manslaughter and sentenced to six years in prison; his 2003 arrest for soliciting a prostitute; and his 2005 arrest for domestic violence. Additionally, he falsified his October 2010 security clearance application by failing to disclose his 1995 felony arrest. Clearance is denied.


Information Technology; Sexual Behavior; Personal Conduct

03/20/2014

Applicant failed to mitigate the information technology and personal conduct security concerns. The Government failed to establish the sexual behavior concerns. Eligibility for access to classified information is denied. CASE NO: 11-09056.h2


Financial, Alcohol

03/20/2014

Although Applicant has mitigated the security concerns raised by his history of financial problems, he failed to mitigate the concerns raised by his history of excessive alcohol consumption. Clearance is denied. CASE NO. 11-00759.h1


Foreign Influence

03/19/2014

Applicant is a naturalized U.S citizen originally from Afghanistan. Her relationships with her husband and son-in-law, who are both U.S. citizens, are not indicative of a foreign preference. Applicant’s relationship with her sister-in-law, a citizen and resident of Afghanistan is not a source of influence, vulnerability, or exploitation. Clearance is granted. CASE NO: 13-00610.h1


Guideline D; Guideline J; Guideline E

03/19/2014

Applicant challenges the Judge’s findings regarding the number of times he frequented prostitutes, the circumstances of his visit to the massage parlor whether he deliberately concealed facts during the security clearance process. There is substantial evidence to support the Judge’s material findings. Adverse decision affirmed.


Financial

03/19/2014

Applicant has unresolved delinquent debt in the amount of $91,005. He filed for bankruptcy in 1999. His financial difficulties stem in part from a failed business venture. He has paid some small debts, but none of the debts listed on the SOR have been addressed. He has no concrete plan in place to resolve the delinquent debts. Applicant has not mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is denied. CASE NO: 12-04271.h1


Guideline J; Guideline E

03/19/2014

A plea of guilty is an admission of the facts underlying the offense and of the crime itself. Applicant’s arguments and testimony are in contradiction to her guilty plea. Adverse decision affirmed.


Financial, Personal Conduct, Criminal Conduct

03/19/2014

Applicant is 42 years old. He deliberately failed to disclose on his security clearance application that he had a Federal tax lien. He has criminal convictions for driving under the influence, and three firearms offenses from 1999 to 2010. He has not mitigated the security concerns under Guideline F, financial considerations, Guideline J, criminal conduct, and Guideline E, personal conduct. Clearance is denied. CASE NO: 11-12191.h1


Foreign Influence

03/18/2014

Applicant’s relationship with his friend (a Romanian-born dual citizen of Israel and Greece who has resided in Greece since 1997 with his Greek wife), is such that it is highly unlikely that Applicant - an honorably retired U.S. Army sergeant first class - will be placed in a position of having to choose between the interests of that friend or Israel, and the interests of the United States. Applicant’s entire family, including parents, wife, and children, are native-born U.S. citizens, residing in the United States. Like many individuals, Applicant and his wife enjoy periodic visits to Greece. There is no conflict of interest because Applicant’s sense of loyalty or obligation to his friend is so minimal, and Applicant has such deep and longstanding relationships and loyalties in the U.S. that he can be expected to resolve any potential conflict of interest in favor of the U.S. interest. Applicant’s relationship with his friend has evolved over time. They have been face-to-face only in 2004, 2006, and 2008. Applicant and his wife stayed with his friend during the visits in 2006 and 2008. They initially maintained contact or communication with the friend and the friend’s wife with more frequency, but as the years passed, the relationship has waned. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 13-00848.h1


Financial

03/18/2014

Applicant failed to mitigate security concerns about his financial problems. He accrued significant delinquent debt through unpaid credit cards and other past-due accounts. He is currently unable to pay or otherwise resolve any of the debts alleged in the SOR. Applicant has not sought credit counseling, and he did not establish that his financial problems are not likely to recur. His request for a security clearance is denied. CASE NO: 12-03553.h1


Financial

03/18/2014

Applicant had delinquent debts totaling approximately $16,499. He has not addressed the debts or made payment arrangements. Although he intends to pay the debts, he provided no documentation to support the claim. His wife's medical issues and some unemployment occurred, and, as a result, he filed a petition for bankruptcy in 2003, which was discharged in 2003. Since that time, Applicant has not resolved his new delinquent debts. Eligibility for a security clearance is denied. CASE NO: 12-03258.h1


Financial

03/18/2014

Applicant is a 45-year-old employee of a federal contractor. The evidence shows he has more than $100,000 in delinquent debt that is unresolved and ongoing. He did not present sufficient evidence to mitigate the financial considerations security concern. Clearance is denied. CASE NO: 12-01523.h1


Financial

03/14/2014

Applicant mitigated the security concerns raised by her financial problems. She acted responsibly in addressing her debts, which arose from circumstances beyond her control. Her current finances are sound. Clearance is granted. CASE NO: 13-01053.h1


Financial; Personal Conduct

3/14/2014

Applicant had five delinquent debts, totaling $106,017, identified on the Statement of Reasons (SOR). Applicant refinanced one debt and it is now in good standing. One debt was forgiven by the creditor. One delinquent account was listed on the SOR twice. Applicant made a single payment on it in January 2014. One debt remains unaddressed. Additionally, security concerns were raised under the Guideline for Personal Conduct regarding Applicant’s security clearance denial in 2011, in part relating to his 2008 felony conviction and falsifications during his February 26, 2009 security clearance interview. Applicant failed to mitigate the financial and personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 12-10676.h1


Financial

03/14/2014

Applicant has mitigated the security concerns caused by his financial situation. Clearance is granted. CASE NO: 12-03600.h1


Financial

03/14/2014

Applicant has not resolved a judgment, debts following two vehicle repossessions, collection accounts, and charged-off accounts alleged in the Statement of Reasons (SOR). Clearance is denied. CASE NO: 12-02381.h1


Financial

03/14/2014

Applicant’s statement of reasons consists of one deficiency judgment for $33,916. This judgment stems from a vacant lot he purchased. No longer able to afford it, he was unable to sell the lot following the real estate crash and downsizing of a large local Government employer. Applicant retained counsel and successfully challenged the judgment and the debt is resolved. Clearance is granted. CASE NO: 12-02164.h1


Financial, Personal Conduct

03/14/2014

Applicant’s statement of reasons (SOR) describes seven delinquent, collection, or charged-off debts, totaling $43,857. The majority of his SOR debts are resolved; however, he did not express any intention of resolving his $19,861 judgment, and he did not provide proof of payment of two small debts. He failed to provide sufficient documentation of progress resolving his financial problems. He carelessly omitted information from his September 29, 2011 Electronic Questionnaires for Investigations Processing (e-QIP) version of security clearance application (SF 86). Although he had 15 traffic infractions from 2004 to 2008, in the last five years he has had only had one minor traffic infraction. Personal conduct concerns are mitigated; however, financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-02038.h1


Finances

03/14/2014


Criminal Conduct; Personal Conduct

03/13/2014

Applicant has a long criminal record that began in March 1987, while he was in high school, and ended when he was released from prison in 1996. He has worked for a defense contractor since 1999, completed his college education, and established a good reputation at work. When he submitted his security clearance application, he did not fully disclose the extent of his criminal record. Security concerns raised by his criminal record are mitigated, but security concerns raised by his lack of candor during the security clearance process are not mitigated. Clearance is denied. CASE NO: 10-07591.h1


Financial

03/13/2014

Applicant failed to mitigate the security concerns raised by his failure to file his federal and state income tax returns for multiple tax years. He also has failed to repay or resolve most of the tax lien debts that resulted from his failures to timely file tax returns. His request for continued security clearance eligibility is denied. CASE NO: 10-05923.h1


Guideline B

03/12/2014

The Appeal Board examines a Judge’s findings to see if they are supported by substantial evidence. There is a rebuttable presumption that a person has ties of affection or obligation to in-laws. Prior lengthy service to a foreign government is relevant to a Guideline B analysis. Adverse decision affirmed. CASE NO: 13-00559.a1


Foreign Influence; Personal Conduct

03/12/2014

Applicant failed to mitigate the foreign influence security concerns generated by his family members who are Afghan citizens and residents. Also, Applicant's failure to disclose to an investigative agent during a 2011 interview that he was on conduct-related administrative leave at the time of the interview constituted an intentional, material omission. As such, it generates a personal conduct security concern that Applicant failed to mitigate. Clearance is denied. CASE NO: 12-05232.h2


Financial

03/12/2014

Applicant established his continued eligibility for access to classified information. His recent financial trouble is directly attributable to matters beyond his control and he acted responsibly in resolving the debts resulting from such outside matters. His long track record of fiscal responsibility and security conscientiousness, as well as his good-faith efforts to resolve his debts, mitigate the security concerns arising from his recent financial trouble. Clearance is granted. CASE NO: 12-04008.h1


Finances

03/12/2014


Guideline E; Guideline D; Guideline M

03/12/2014

In examining an applicant’s intent concerning allegations of false statements, the conduct must be evaluated in light of the entire record. The Appeal Board evaluates a Judge’s rulings on evidence to see if they are arbitrary, capricious, or contrary to law. Applicant was not denied due process. Adverse decision affirmed. CASE NO: 12-02296.a1


Finances

03/12/2014

Applicant demonstrated that he is working with tax officials regarding multiple tax liens, but his documentation fails to provide a nexus between those liens and two of the three federal tax liens at issue. In addition, he only provided documentation showing one of five consumer credit debts has been addressed. Based on the deficient evidence presented, financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 12-00749.h1


Foreign Influence

03/11/2014

Applicant was born in Iran. At the age of 13, he came to the United States. He is a naturalized U.S. citizen. His wife and children are U.S. citizens who reside in the United States with him. His entire family lives in the United States, with the exception of his parents who live in the United States for about six months of the year. The remaining time they live in Iran. Applicant's parents are elderly and ill. They are dual citizens of the United States and Iran. They have traveled back and forth between Iran and the United States for about 30 years. They do not have any knowledge of Applicant's work. Applicant has substantial financial interests in the United States. He has worked many years as a contractor and has had involvement with classified information. Applicant has met his burden to mitigate the security concerns under foreign influence. Eligibility for a security clearance is granted. CASE NO: 13-01078.h1


Financial; Personal Conduct

03/11/2014

Applicant accrued six debts exceeding $40,000, and a $102,933 judgment was entered against him for fraudulent pre-petition money transfer prior to filing Chapter 7. He has made no tangible effort to mitigate his debts or address his outstanding judgment. Applicant did demonstrate that his failure to accurately complete his security application was not deliberate. Eligibility for access to sensitive information is denied.


Financial

03/11/2014

Applicant borrowed money from her retirement fund and incurred a tax debt on which she is making payments in accord with a repayment agreement. She is also repaying a charged-off account and a truck debt. She is negotiating with the remaining creditor to establish a repayment plan. She has resolved the financial considerations security concerns. Clearance is granted. CASE NO: 12-02941.h1


Drugs

03/11/2014

Applicant abused marijuana with varying frequency from 1975 to 1982, from about 1988 to January 2002, and again from June 2008 to November 2011. He continued to smoke and purchase marijuana after being granted Department of Defense (DOD) security clearance eligibility. Applicant regrets his illicit drug use, and he intends no future involvement, but I cannot yet conclude that his drug abuse is safely behind him. Clearance denied. CASE NO: 12-02857.h1


Financial

03/11/2014

Applicant has an unpaid judgment and four charged-off accounts which total approximately $24,000. He has made no payment on his delinquent debt. Clearance is denied. CASE NO: 12-02358.h1


Financial; Personal Conduct

03/11/2014

When Applicant completed and certified a security clearance application, he denied any financial difficulties. He was unaware that he was responsible for a judgment, two accounts in collection status, three accounts in charged-off status, and a significant mortgage delinquency because he had delegated his responsibility to manage his financial affairs to his wife. Applicant’s wife did not pay their debts, and she did not tell him about their delinquencies. Applicant then delegated his financial affairs to his son and future daughter-in-law, who opened a checking account in their names, arranged for Applicant’s paycheck to be deposited to the account, and made all arrangements to pay his debts and manage his finances. Because he had delegated his financial affairs to his wife and to his son and daughter-in-law, Applicant did not know and had not learned how to take care of these responsibilities himself. While Applicant’s failure to report his financial delinquencies on his security clearance application was not deliberate, his failure to take responsibility for and to pay his delinquent debts raises security concerns about his judgment, trustworthiness, reliability, and ability to protect classified information. While he mitigated security concerns under Guideline E, Personal Conduct, he failed to mitigate security concerns under Guideline F, Financial Considerations, and the whole-person concept. Eligibility for a security clearance is denied. CASE NO: 12-01995.h1


Financial

03/10/2014

Applicant is president of a defense subcontractor. Applicant owes seven delinquent debts totaling over $2 million. Three debts totaled $1,681 and she resolved those debts by payment. Three other debts she is paying on the installment agreement basis. The final debt involves loan guarantees resulting from the family business signed in 2007 and are the subject of active litigation at the present. Applicant contends she has a meritorious defense to that lawsuit. Applicant mitigated the Financial Considerations security concerns. Eligibility for a clearance is granted. CASE NO: 13-00808.h1


Foreign Influence

03/10/2014

Applicant was born in Afghanistan. His mother, sister, two brothers, and fiancé are citizens and residents of Afghanistan. One brother works for the Afghan government. In 1990 he arrived in the United States and sought and received political asylum. In 2006 he became a permanent resident and in 2012 he became a U.S. citizen. Since arriving in the United States, he has sent financial support to his mother and recently began sending it to his fiancé. He has successfully worked as a linguist with the U.S. Army for over 30 months. Applicant failed to provide sufficient evidence to mitigate foreign influence concerns. Access to classified information is denied.


Personal Conduct

03/07/2014

Applicant failed to mitigate security concerns raised by his intentional false official statements to the Government. Clearance is denied. CASE NO: 12-04364.h1


Personal Conduct

03/07/2014

Applicant failed to mitigate security concerns raised by his extensive arrest record and his other adverse conduct since at least 1999. Additionally, he failed to mitigate the security concerns resulting from his numerous and intentional false statements to the Government about his illegal use of drugs, and about his treatment for drug and mental health issues. Clearance is denied. CASE NO: 10-04607.h1


Financial

03/06/2014

Applicant's past due indebtedness his directly attributed to his 2005 layoff, and to his wife's continuing life threatening medical condition. He has addressed all of his alleged past-due debts through a Chapter 7 Bankruptcy Discharge. Clearance is granted. CASE NO: 12-02597.h1


Financial

03/06/2014


Financial; Foreign Influence

03/06/2014

After Applicant was laid off and unemployed for more than a year, he fell behind on his home mortgage payments and a credit card account. He has settled the credit card debt and obtained a modification of his home mortgage. He and his wife are natives of Bangladesh. He came to the United States with his family on an H-1B visa in 1998 and became a permanent U.S. resident in 2005. He, his wife, and one of their sons became U.S. citizens in September 2010. His mother, four brothers, and several in-laws are citizens and residents of Bangladesh, but he has mitigated the foreign influence concerns. Clearance is granted. CASE NO: 12-01653.h1


Financial

03/06/2014

Applicant did not file his state and federal tax returns for 2010, 2011, and 2012 until late January and early February 2014. He has a significant debt to the Internal Revenue Service for tax year 2007. Clearance is denied. CASE NO: 12-01173.h1


Foreign Preference; Financial

03/05/2014

Applicant’s statement of reasons (SOR) alleges five delinquent debts, totaling $67,162. Applicant made a mistake in a real estate transaction resulting in a $100,331 non-SOR debt. She had insufficient financial resources to pay her debts. In the last two years, she settled and paid three large non-SOR debts and two SOR debts. She disputed the other three SOR debts. Financial considerations concerns are mitigated. In 2008, Appellant applied for and received an Iranian National Identification Card (NIC); however, she turned in her Iranian NIC, does not have an Iranian passport, renounced her Iranian citizenship, and did not go to Iran. Foreign preference concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 13-00341.h1


Financial

03/05/2014

Applicant did not mitigate the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 12-02014.h1


Criminal Conduct

03/05/2014

Applicant was caught committing two minor theft-related offenses shortly after he turned 18 years old. He pled guilty and fulfilled all resulting sentence requirements. He then obtained and has excelled at his present employment without further misconduct for almost four years. The evidence is sufficient to mitigate security concerns. Eligibility for access to classified information is granted. CASE NO: 11-13912.h1


Financial

03/05/2014

Applicant failed to file his 2005 through 2009 federal income tax returns in a timely manner. He has now filed all his delinquent returns. The financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 11-01495.h1


Drugs; Criminal Conduct; Personal Conduct

02/28/2014

Applicant smoked marijuana about ten times between 2007 and September 2011. The drug involvement and drug-related criminal conduct concerns are mitigated because he has not used marijuana since his arrest and conviction for illegal possession of marijuana in September 2011, and he intends no future involvement. Personal conduct concerns that arise by his deliberate omission of his marijuana use from his November 2011 security clearance application are mitigated by his prompt disclosure during his subject interview in December 2011. Clearance granted. CASE NO: 12-04379.h1


Drugs; Personal Conduct

02/28/2014

Applicant's decision to smoke marijuana while at a concert constituted a serious exercise of bad judgment. Given its isolated nature, Applicant's history of outstanding job performance, and his sterling reputation in the community, the possibility of recurrence is minimal. Applicant mitigated the drug involvement and personal conduct security concerns. Clearance is granted. CASE NO: 12-03924.h1


Financial

02/28/2014

Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 12-01994.h1


Foreign Influence

02/28/2014

Applicant’s connections to family members and friends in Egypt are outweighed by her connections to family members and friends in the United States. She has established deep and longstanding relationships and loyalties in the United States. Her financial interests in Egypt are de minimis when compared to her financial and property interests in the United States. She can be expected to resolve any conflict of interest in favor of the United States. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 12-0822.h1


Financial

02/28/2014

In 2006, Applicant and his wife experienced marital difficulties. Applicant incurred significant debt during the period of separation, which lasted until the couple reconciled in 2008. Applicant has been steadily employed as a government contractor with the same employer since 2001, and he earns a good salary. He has not addressed most of the debts that arose during his marital separation. He provided documentation establishing that he resolved one of the eleven debts alleged on the amended SOR. Applicant has not established a track record of consistent and timely payment of his delinquent debts. He failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 12-01438.h1


Foreign Influence

2/28/2014

Applicant’s mother-in-law, father-in-law, two sisters-in-law, brother-in-law, his wife’s cousin, and his wife’s uncle are citizens and residents of Taiwan. He has traveled to Taiwan annually since 2005 to visit them. His brother-in-law works for a governmental agency in Taiwan. Applicant failed to mitigate the resulting Foreign Influence security concerns. Eligibility for access to classified information is denied. CASE NO: 12-00084.h1


Financial

02/28/2014

Applicant failed to provide sufficient documentation to establish that he had mitigated security concerns related to his financial delinquencies. Clearance is denied. CASE NO: 12-00008.h1


Security Violations; Personal Conduct

02/28/2014

Applicant inadvertently used a classified acronym in a document, emailed the document to coworkers via an unclassified email, stored the document in an unclassified file and directory, and later attached it to a meeting notice sent via unclassified email. He resigned from his job in lieu of termination. Security concerns raised by his security infractions and personal conduct are mitigated. Clearance is granted. CASE NO: 11-12684.h1


Guideline F

02/27/2014

The Appeal Board cannot consider new evidence on appeal. A party’s ability to argue for a different interpretation of the evidence falls short of demonstrating that the Judge’s treatment of the evidence was erroneous. Adverse decision affirmed. CASE NO: 12-00703.a1


Foreign Influence

02/26/2014

Applicant is a native of Morocco who became a U.S. citizen in June 2006. She is married to a native of Morocco who is also a naturalized U.S. citizen. Applicant’s Moroccan parents divorced and remarried, resulting in an extended family of brothers, sisters, half-brothers, half-sisters, stepbrothers, and stepsisters, all of whom are citizens and residents of Morocco. While holding an interim clearance, Applicant served with distinction under combat conditions with a U.S. intelligence unit in Iraq. She is now deployed with U.S. forces in Kuwait. Foreign influence concerns are mitigated. Clearance is granted. CASE NO: 13-00977.h1


Financial

02/26/2014

Applicant paid his home equity loan timely for three years. However, because of the market crash, his property lost significant value. At about the same time, he was laid off for almost a year, and his wife was unemployed following a life-threatening illness. Applicant could no longer make the loan payments. After foreclosure, Applicant mistakenly thought the home equity loan was resolved. He has made efforts through his attorney to pay the loan, but the creditor has not responded. Applicant has funds set aside to pay the debt. He has no other delinquent debt, and has a substantial monthly net remainder. He is not subject to coercion. Clearance is granted. CASE NO: 12-03925.h1


Financial

02/26/2014

Applicant owes over $185,000 in unpaid federal and state taxes. Clearance is denied. CASE NO. 12-00421.h1


Guideline E; Guideline H

02/26/2014

The Appeal Board examines a Judge’s findings of fact to see if they are supported by substantial record evidence. Error in the Judge’s findings was harmless. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Applicant failed to show that the Judge mis-weighed the evidence. Adverse decision affirmed. CASE NO: 11-13948.a1


Financial

02/25/2014

Applicant mitigated the security concerns raised by her financial problems. Her debts arose through unforeseen circumstances, and she has acted responsibly in addressing her obligations. Clearance is granted. CASE NO: 13-00554.h1


Financial

2/25/2014

Applicant had 12 delinquent debts totaling $1,414,874, identified on the Statement of Reasons (SOR). Applicant repaid one small debt and is making payments on his tax debts. Applicant failed to mitigate the remaining delinquent accounts. Eligibility for access to classified information is denied. CASE NO: 13-00319.h1


Foreign Preference, Foreign Influence

02/25/2014

In 1966 Applicant was born in Pakistan. In 1989 he arrived in the United States as a tourist. In July 2002 he became a naturalized U.S. citizen. His spouse is a naturalized U.S. citizen. His two children were born in the United States. He has established some connections to the United States over the years. Since 2002 he has returned to Pakistan a number of times to visit his father, two siblings and their families. In 2009 Applicant applied for and received a Pakistani identification card. He may start a business and develop it in Pakistan. He has longstanding connections to Pakistan. In 2013 he began working as a linguist for the U.S. Army. He failed to provide sufficient evidence to clarify and mitigate the security concerns alleged by the Government. Foreign preference and foreign influence concerns are not mitigated. Access to classified information is denied.


Personal Conduct; Alcohol; Criminal Conduct

2/25/2014

Applicant failed to mitigate the Personal Conduct, Alcohol Consumption, and Criminal Conduct security concerns. Applicant has been arrested seven times, between 1990 and 2009, for multiple alcohol-related offenses. He also falsified his e-QIP in 2011. While he has abstained from alcohol use since September 2010, not enough time has passed to hold that recurrence is unlikely or that doubts concerning his judgment and reliability are resolved. Eligibility for access to classified information is denied. CASE NO:12-03058.h1


Financial

02/25/2014

When the real estate market crashed, Applicant’s home lost about half of its value. He was financially able to meet his payments, but his attorney advised him to stop paying in order to force the lender to foreclose—a strategic default. Applicant held a security clearance at the time. He stopped payments in 2010, owing approximately $300,000. He has no intent to pay the debt. Applicant’s decision to place his own interests ahead of his duty to meet his financial obligations does not show the reliability and good judgment required of security clearance holders. Clearance is denied. CASE NO: 12-02859.h1


Financial

02/25/2014

Applicant incurred about $50,000 in still-delinquent debts over the past four years, despite steady employment and apparently sufficient income to meet her financial obligations. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-02451.h1


Financial; Personal Conduct

02/25/2014

Applicant was unable to remain current on his primary and three investment properties as a result of financial downturn in the real estate market. He sought professional assistance from a financial advisor, who successfully guided him through the short sale process. He paid, settled, or disputed in good-faith four remaining small debts. Applicant demonstrated that falsification allegations were not deliberate. Remaining personal conduct concerns pertaining to past alcohol-related incidents were rebutted by expert testimony, were not recent, and were mitigated by extensive record evidence. Clearance is granted. CASE NO: 12-01005.h1


Financial

02/24/2014

While self-employed as a carpenter, Applicant did not file or pay quarterly estimates of his income tax obligations, federal or state, for tax years 2004 through the first quarter of 2007. When he filed annual returns with his spouse, he could not afford to pay the taxes owed. Around $83,636 in federal and state tax liens were still outstanding as of 2013. In August 2013, he began repaying the IRS at $1,480 a month, but it is too soon to conclude that the financial security concerns are mitigated. Clearance denied. CASE NO: 13-00872.h1


Financial

02/24/2014

Applicant has nine charged-off or collection accounts, and debts from a vehicle repossession and a home repossession, which total approximately $30,000. None of the delinquent accounts have been resolved. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 11-11793.h1


Criminal Conduct; Personal Conduct

02/24/2014

Applicant is a 46-year-old employee of a defense contractor. He rebutted the sole criminal conduct allegation and mitigated the security concerns arising from the sole personal conduct allegation. Clearance is granted. CASE NO: 10-07109.h1


Financial

02/21/2014

Applicant’s finances were adversely affected by a business downturn. He has taken steps to resolve his financial problems. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 13-01019.h1


Personal Conduct

02/21/2014

Applicant's past legal solicitations of prostitutes are known by his wife. He no longer engages in such conduct. Applicant did not wilfully falsify his 2012 e-QIP. Clearance is granted. CASE NO: 13-00911.h1


Financial

02/21/2014

Applicant has delinquent debt in the amount of $45,000. He has addressed all the delinquent debts and has made good-faith efforts to resolve them. He has mitigated the security concerns under the above guideline. Eligibility for a security clearance is granted. CASE NO: 13-00827.h1


Financial

02/21/2014

Applicant works for a defense contractor. Applicant filed for Chapter 13 bankruptcy on 50 creditors but then withdrew the petition. He is paying one delinquent debt. A second debt was paid by garnishment. Applicant did not timely file and pay his state and federal income taxes from 2008 to 2012. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for a clearance is denied. CASE NO: 13-00729.h1


Personal Conduct; Financial

02/21/2014

Applicant works for a defense contractor. Applicant married an illegal alien in the United States. She owes 13 delinquent debts totaling $13,213. She has not resolved any of her delinquent debts. Applicant did not mitigate the Personal Conduct or Financial Considerations security concerns. Eligibility for a clearance is denied. CASE NO: 12-11954.h1


Financial

02/21/2014

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-10278.h1


Financial

2/21/2014

Applicant has had a history of overdue debts. She has not paid off the majority of her overdue debts, nor does it appear that she has made a responsible attempt to resolve the debts in question. Mitigation has not been shown. Clearance is denied.


Guideline F

02/21/2014

Even if Applicant no longer owes the debt, the Judge’s statement that the circumstances underlying the acquisition of undermined the case in mitigation is sustainable. Adverse decision affirmed.


Personal Conduct; Alcohol; Sexual Behavior; Criminal Conduct

02/21/2014

Applicant's alcohol abuse resulted in four criminal incidents in 1988, 1989, 1990, and 2005. The most recent involved an incident in which Applicant engaged in questionable and criminal sexual conduct. Applicant has shown remorse and has abstained form the consumption of alcohol from the day after the incident in April 2005. Mitigation has been shown. Clearance is granted.


Guideline E

02/21/2014

The Judge’s conclusion that Applicant lacked credibility was consistent with the record that was before her. Adverse Decision Affirmed.


Foreign Influence

02/21/2014

Applicant has mitigated the security concerns under the foreign influence guideline. He was born in the United States to parents who are citizens of India. He returned to India for a number of years with his parents, but returned at the age of 13 to reside in the United States with his uncle who is a United States citizen. He received his education the United States. He is married to a naturalized U.S. citizen. His children are U.S. citizens. His parents and his in-laws are citizens and resident of India. His brother-in-law and sister-in-law are citizens of India who reside in Singapore. Applicant has strong professional and personal ties to the United States. Clearance is granted. CASE NO: 09-07152.h1


Drug

02/20/2014

Applicant used marijuana while on a ski trip in February 2010, while holding s security clearance. This was an isolated incident. He signed a letter of intent to refrain from any illegal drug use in the future. He has prescription medication for altitude sickness, which he will take when on a ski trip in the future. He has mitigated the security concerns under the drug involvement guideline. Eligibility for a security clearance is granted. CASE NO: 13-00745.h1


Foreign Influence

02/20/2014

Applicant mitigated foreign influence concerns regarding family members residing in Gaza. He did so by proving how weak his relationships are with them, as opposed to the strong family and professional ties he has established in the United States over the past two decades. His evidence also showed his extended family lives quiet lives with no nexus to any foreign government, military, or terrorist group. Clearance is granted. CASE No.: 13-00511.h1


Financial

02/20/2014

Applicant is 57 years old and employed as a Global Support Representative by a defense contractor. Her history of excessive indebtedness caused by circumstances beyond her control, namely her husband's loss of employment, her parents unexpected medical emergency, and her mother's death, has been resolved by sufficient evidence of reform and rehabilitation. Applicant filed for Chapter 7 Bankruptcy and discharged most of her debts. The few debts she reaffirmed, she has paid by borrowing against her 401(k) and she is currently repaying that. There is significant evidence demonstrating that her financial problems are being resolved and are under control. Sufficient mitigation has been shown. Clearance is granted. CASE NO: 13-00501.h1


Guideline F

02/20/2014

Hearing Office cases are not binding on other Hearing Office Judges nor on the Appeal Board. Furthermore the cited cases differ factually from the case before the Board. Adverse decision affirmed.


Foreign Influence

02/20/2014

Applicant has ongoing ties to his brother-in-law, who is citizen-resident of Peru. His brother-in-law is currently employed by the Peruvian government, and was formerly an officer in the Peruvian army. The Peruvian Shining Path has been designated a foreign terrorist organization by the U.S. State Department. Applicant's relationship with his brother-in-law raises security concerns under Guideline B that are not mitigated. Clearance is denied. CASE NO: 13-00397.h1


Guideline F

02/20/2014

The record does not support Applicant’s denial of due process claim. At the hearing Applicant submitted exhibits which were admitted into the record. The judge then left the record open for Applicant to submit further documentation. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

02/20/2014

Applicant is 41 years old and employed as an Electronics Technician by a defense contractor. His twenty-five year history of criminal activity and police involvement including Domestic Violence, a DUI, Reckless Driving, Vandalism and Drugs has not been mitigated. He was not candid with the Government on his security clearance application concerning his police record. Sufficient mitigation has not been shown. Clearance is denied. CASE NO: 12-03055.h1


Drugs; Personal Conduct

02/20/2014

Applicant smoked marijuana from 1984 through May 2008, including while he held positions involving access to sensitive information. He lied about his illegal drug use on at least four questionnaires, including two questionnaires that were submitted after he stopped smoking marijuana. Clearance is denied. CASE NO: 11-14069.h1


Guideline F

02/20/2014

Applicant has not demonstrated any harmful error. Adverse decision affirmed


Criminal Conduct; Sexual Behavior

02/20/2014

Applicant failed to mitigate the criminal conduct and sexual behavior security concerns. Eligibility for access to classified information is denied. CASE NO: 11-11814.h1


Financial

02/20/2014

Applicant contests the Department of Defense’s (DoD) intent to deny his eligibility for a security clearance to work in the defense industry. Applicant has an unpaid judgment filed in July 2010, which has yet to be resolved. Clearance is denied. CASE NO: 11-08849.h2


Criminal Conduct; Financial

02/19/2014

Applicant's financial problems remain a concern because his debts are largely unaddressed. Allegations of criminal conduct also cause doubts about Applicant's suitability for a security clearance. He was charged at least 13 times with various criminal offenses between 1995 and 2008. Although several years have passed since his last offense, his conflicting statements about some of the charges, combined with the scope of his criminal record, undermine confidence that he is wholly rehabilitated. Clearance is denied. CASE NO: 12-01433.h1


Drug Involvement; Alcohol Consumption; Financial Concerns

02/18/2014

A highly decorated combat veteran, Applicant was awarded the Silver Star for gallantry in action during a combined joint special operation in Afghanistan, the Bronze Star Medal (two awards), and the Purple Heart. He is afflicted with post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). In mid-2011, while holding a security clearance, he briefly used marijuana to relieve his stress and pain associated with his PTSD and TBI, as well as to enable him to sleep. He consumed too much alcohol and incurred three DWIs. Applicant has abstained from marijuana and alcohol for over two and one-half years. Applicant also has a history of financial delinquencies commencing in about 2009. They were the unfortunate consequence of his wife’s actions under the authority of his power of attorney, as well as her actions of ignoring a court mandate and refusing to pay certain bills. He lost a vehicle and a boat to repossession and auction-sale, and nearly lost his home to foreclosure. Applicant has paid off or settled, or otherwise resolved accounts with several creditors, including his non-SOR creditors, and is currently active with repayment plans for several remaining creditors. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 13-00389.h1


Foreign Influence; Personal Conduct

02/18/2014

Applicant was born and educated in Pakistan. He came to the United States in 1999, married a naturalized U.S. citizen, and became a U.S. citizen in 2010. He divorced his wife in August 2012. He has three brothers who are citizens of Pakistan and two sisters who are citizens and residents of Pakistan. He has no immediate family members and no significant assets in the United States. He refuted allegations of falsifying driver’s licenses, a felony arrest, and false answers during a security interview. He mitigated concerns raised by his initial reluctance to discuss his felony arrest and an incident at the Canadian border. Personal Conduct concerns are mitigated, but foreign influence concerns are not mitigated. Clearance is denied. CASE NO: 13-00300.h1


Financial

02/18/2014

Applicant filed for chapter 7 bankruptcy in 2003 as a result of unemployment and underemployment. He filed for chapter 13 bankruptcy in 2010, as a result of employment issues as well as marital separation and divorce. He submitted documentation concerning the status of his wage earner's payment plan. He has an unresolved past-due home mortgage loan in the amount of $99,000, which he has addressed through a Home Affordable Mortgage Plan (HAMP). He has mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is granted. CASE NO: 12-01703.h1


Finances

02/18/2014

Applicant has experienced intermittent periods of financial distress over the past 15 years, despite having been continuously employed. He offered scant evidence documenting any efforts to address the five delinquent debts at issue, four of which he concedes are unpaid. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 12-00956.h1


Finances

02/18/2014


Drugs; Alcohol; Personal Conduct

02/14/2014

Applicant has not mitigated the security concerns raised by her use of marijuana, particularly while holding a security clearance. She also falsified two Government questionnaires and an affidavit. Clearance is denied. CASE NO: 13-00788.h1


Financial

02/14/2014

Despite having the means to do so, Applicant has not resolved any of her outstanding delinquent debt. Clearance is denied. CASE NO. 12-03128.h1


Guideline F

02/14/2014

Applicant has not asserted harmful error by the Judge. Adverse decision affirmed.


Financial; Personal Conduct

02/14/2014

In January 2006, Applicant was charged with nine counts of animal cruelty. With her December 2013 payoff of $17,000 in restitution to the city, the incident no longer causes security concern. Applicant has also demonstrated a sufficient track record of repaying her delinquent real estate taxes to mitigate those concerns. Financial and personal conduct security concerns primarily persist because of her years of disregard of her federal and state income tax obligations. The IRS filed substitute federal returns for tax years 2004 through 2007, and she paid off a $12,364 federal tax lien with a 401(k) loan. However, she did not file her federal or state returns for tax years 2008 through 2011 until 2013, and state returns have yet to be filed for 2004 through 2007. She owes past-due federal taxes of $13,266 for 2009 and 2010, and state taxes of $9,380 for 2008 through 2012. Clearance denied. CASE NO: 11-14485.h1


Guideline F

02/14/2014

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


Financial

02/12/2014

Applicant incurred delinquent debt in the amount of approximately $27,000. He settled some of the delinquent accounts recently. He does not have a plan for the remainder of the delinquent obligations. Despite some unemployment and an accident, he has not provided information or documentation to show that these events caused his delinquencies and that he acted reasonably. He has not received financial counseling. He has not presented sufficient documentation to mitigate the financial considerations guideline concern. Eligibility for a security clearance is denied. CASE NO: 13-00080.h1


Alcohol; Criminal

02/12/2014

Although Applicant's alcohol related conviction was more than three years ago; he has a more recent 2012 probation violation, and he is still on probation until October of 2014. Clearance is denied. CASE NO: 12-00678.h1


Financial

02/11/2014

Applicant is a 49-year-old partner in a business that provides services as a defense contractor. He failed to file his 2006 to 2011 state income tax returns as required or pay state income taxes for those years when they became due. He also failed to pay Federal income taxes for 2011 when they became due. He failed to provide sufficient evidence to mitigate the security concerns arising from his tax problems. Clearance is denied. CASE NO: 12-11328.h1


Drugs; Personal Conduct

02/11/2014

Applicant used marijuana, with varying frequency, from about 1979 until 2010. He has a history of criminal incidents between 1985 and 1990. He was terminated from two different employers in 2011. He has not mitigated the security concerns under the above guidelines. Eligibility for a security clearance is denied. CASE NO: 12-10889.h1


Financial; Personal Conduct; Criminal Conduct

02/11/2014

Applicant has not mitigated the concerns raised by his criminal conduct and history of financial problems. Clearance is denied. CASE NO: 10-04638.h1


Guideline B; Guideline E

02/10/2014

Appeal Board will consider evidence from outside the record to resolve threshold issues of due process or jurisdiction. Applicant argued matters that were outside the record to the effect that he had been denied his right to submit evidence. Adverse decision remanded. CASE NO: 12-05232.a1


Guideline B

02/10/2014

Applicant’s argument that, in a decision without a hearing, a Judge was duty-bound to inquire as to Applicant’s ability to proceed pro se was without merit. Applicant failed to rebut the presumption that the Judge considered all of the evidence. CASE NO: 12-00120.a1


Financial

02/10/2014

When Applicant separated from the military in 2001, he was not prepared for civilian life. He neglected to take separation courses which would have facilitated his transition out of the military. Though he exercised good judgment in 2004 and 2005 by filing and successfully completing a wage earner's plan, he has continued to have financial problems. Currently, Applicant does not have control over his financial obligations, and it is likely his financial problems will persist in the future. Eligibility for access to classified information is denied. CASE NO: 11-10761.h1


Financial

02/10/2014

Applicant has yet, in good-faith, to address two outstanding judgments, and five other past-due debts. Clearance is denied. CASE NO: 11-08772.h1


Drugs

02/07/2014

Applicant is a 23-year-old employee of a federal contractor. The security concerns stemming from his irregular and limited marijuana use and his one-time misuse of a prescription drug are sufficiently explained and mitigated. Clearance is granted. CASE NO: 13-01189.h1


Financial

02/07/2014

Applicant had numerous debts because of his ex-wife’s unemployment and later, his divorce. Since 2011, he has followed through on his intention to contact creditors, set up payment plans, and pay his debts. He reduced his delinquencies from more than 20 to 6. He has shown commitment to meeting his obligations, and demonstrated good-faith efforts to pay his debts. Clearance is granted. CASE NO: 12-04369.h1


Financial

02/07/2014

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 12-01973.h1


Financial

02/07/2014

Applicant has recently made some payments on the 17 charged-off or collection accounts alleged in the Statement of Reasons (SOR). However, her payments are insufficient in number and magnitude to resolve the financial considerations security concerns. Clearance is denied. CASE NO: 11-11375.h1


Foreign Influence, Personal Conduct

02/06/2014

In 1987 Applicant was born in Pakistan. In 2006 he immigrated to the United States and joined other family members. In 2012 he became a U.S. citizen. His grandfather, uncle, four aunts, and a friend are citizens and residents of Pakistan. He failed to disclose on his security application that he had been sending money to his family for about six years. Foreign influence and personal conduct concerns are not mitigated. Access to classified information is denied.


Foreign Influence

02/06/2014

Applicant’s parents and parents-in-law are deceased. Applicant, who wishes to become a linguist in Afghanistan, immigrated to the United States in 1990. Applicant has not traveled to Pakistan or Afghanistan in more than 10 years. His spouse and six children are U.S. citizens, and five of them are U.S. residents. He has such deep and longstanding relationships and loyalties in the United States that he can be expected to resolve any conflict of interest involving his connections to Pakistan or Afghanistan in favor of the U.S. interest. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 13-00771.h1


Criminal; Personal Conduct; Drugs; Foreign Influence

02/06/2014

Applicant is a 25-year-old employee of a federal contractor. He did not present sufficient evidence to overcome the security concerns stemming from his unresolved criminal conduct, his problematic personal conduct, and his illegal drug use while possessing a security clearance. Clearance is denied. CASE NO: 13-00510.h1


Financial

02/06/2014

Applicant failed to provide sufficient documentation to establish that he had mitigated security concerns related to his financial delinquencies. Clearance is denied. CASE NO: 12-03193.h1


Drugs; Personal Conduct

02/06/2014

Applicant mitigated the drug involvement concerns as his last use of illegal drugs was over five years ago. However, he failed to mitigate the security concerns arising from his deliberate falsification of his security clearance application. He deliberately failed to disclose his past drug use. Applicant’s untruthfulness during the security clearance process continues to cast doubt on his judgment, reliability, and trustworthiness. Clearance is denied. CASE NO: 11-15124.h1


Foreign Influence; Foreign Preference

02/06/2014

Applicant mitigated the security concerns about his ties to family members who are citizens of Singapore and reside in Singapore, the United States, and France. He did not, however, mitigate the security concerns raised by his 2002 acquisition of Singaporean permanent resident status, and his renewal of that status in 2007 and 2012. Clearance is denied. CASE NO: 11-14762.h1


Foreign Influence, Personal Conduct

02/05/2014

Applicant is 61 years old. He became a naturalized U.S. citizen in 2012. Four of his five children are residents and citizens of Afghanistan. Applicant deliberately failed to disclose on his security clearance application that he was arrested and convicted of a domestic violence offense. He has not mitigated the security concerns under Guideline B, foreign influence and Guideline E, personal conduct. Clearance is denied. CASE NO: 13-00694.h1


Foreign Preference, Foreign Influence

02/05/2014

Applicant is 68 years old. He has provided work for the federal government and defense department for more than 30 years and held a security clearance for more than 22 years. He emigrated from Israel in 1979 and became a U.S. citizen in 1987. He used his U.S. passport to travel, but was required to obtain an Israeli passport when he was exiting Israel. Applicant has renounced his Israeli citizenship and surrendered his Israeli passport. He has some relatives who are citizens and residents of Israel. Applicant mitigated the security concerns under Guideline C, foreign preference, and Guideline B, foreign influence. Clearance is granted. CASE NO: 12-03692.h1


Financial

02/05/2014

Applicant is 56 years old. He experienced financial difficulties when he had a long, protracted, and expensive divorce. In addition, he was self-employed in a business that was changing, and his salary was declining. He filed his federal income tax returns, but was unable to pay his taxes. He has a payment agreement with the IRS and has been making monthly payments. He owes money to his ex-wife that he intends on paying after he pays his tax debt. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 12-02328.h1


Financial

02/04/2014

Applicant is a 30-year-old employee of a federal contractor. She did not present sufficient evidence to mitigate the financial considerations security concern stemming from a delinquent student loan. Clearance is denied. CASE NO: 12-05269.h1


Financial

02/04/2014

Applicant’s statement of reasons (SOR) alleges 28 delinquent debts or accounts, totaling $19,751. The only debt that was paid was through the Internal Revenue Service intercepting her tax refund. She has a history of delinquent debt and did not make sufficient progress resolving her delinquent SOR debts. Financial considerations concerns are not mitigated. Her eligibility to occupy a public trust position is denied. CASE NO: 12-02352.h1


Guideline F

02/04/2014

The Judge’s material findings were supported by substantial record evidence. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Even one unfavorable finding results in an adverse decision. Adverse decision affirmed. CASE NO: 12-00723


Guideline F

02/04/2014

The Appeal Board cannot consider new evidence on appeal. An ability to argue for an alterative interpretation of the evidence is not sufficient to show that the Judge erred. Hearing Office decision are not binding on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. CASE NO: 11-11455.a1


Financial

02/03/2014

Applicant demonstrated sound judgment in response to financial problems that arose through no fault of his own. His current finances are sound. His request for a security clearance is granted. CASE NO: 11-15060.h1


Financial

02/03/2014

Applicant has five outstanding debts that became delinquent between 2008 and 2012. He failed to submit sufficient documentary evidence to establish financial responsibility in the handling of his financial obligations. CASE NO: 11-15005.h2


Guideline F

02/03/2014

The Appeal Board evaluates a Judge’s rulings on evidence to see if they are arbitrary, capricious, or contrary to law. Clearance interview summary that Applicant had certified as accurate and that was included in his interrogatory answers was admissible as an admission by a party opponent. Favorable decision remanded. CASE NO: 11-13999.a1


Foreign Influence

01/31/2014

Iranian-born Applicant (a civilian linguist assisting the U.S. military in intelligence-gathering in the Middle East) immigrated to the United States in 1978, and is a naturalized U.S. citizen. His ex-wife (a senior scientist with a U.S. Government entity) and two daughters (one is an assistant U.S. attorney and the other is an officer with the state National Guard, currently deployed to Afghanistan) are U.S. citizens residing in the United States. Applicant’s two siblings, two nephews, and two friends, are Iranian citizen-residents, and his contacts with them are, in some cases periodic, and in other cases, even less frequent. He has not returned to Iran since 1978, and he has no intention of ever doing so in the future. Applicant’s long term contacts in the United States outweigh concerns raised by his relatives who are citizen-residents of Iran. There are no questions or doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 13-00135.h1


Financial

01/31/2014

Applicant owned 21 properties between 2003 and 2008 as part of his real estate business, when values in the real estate market were rising rapidly. He used credit cards and lines of credit to maintain his properties. When the market crashed, he was unable to make the payments on his mortgage loans or credit accounts. He recently brought three of his mortgage loans current, but has more than $97,000 in delinquent credit debt, with no concrete plan to resolve it. Clearance is denied. CASE NO: 12-02926.h1


Financial

01/31/2014

Applicant failed to mitigate the security concerns raised by his $47,000 in delinquent debt, none of which had been addressed. Clearance denied.


Financial

01/31/2014

Applicant contests the Defense Department’s intent to deny her eligibility for a public trust position. Applicant owes approximately $17,000 in unresolved delinquent debt. Her willingness to repay her creditors does not outweigh her current inability to do so. At this time, Applicant’s eligibility to occupy a public trust position is denied. CASE NO. 12-01782.h1


Financial; Personal Conduct

01/31/2014

Applicant has not mitigated the security concerns caused by his failure to file Federal income tax returns in a timely fashion. He did not intentionally falsify a Government questionnaire as alleged. Clearance is denied. CASE NO: 12-00608.h1


Financial

01/31/2014

Applicant mitigated the security concerns raised by her financial problems. She acted responsibly in addressing her debts, and her current finances are sound. Clearance is granted. CASE NO: 12-00060.h1


Financial; Personal Conduct

01/31/2014

Applicant has unresolved financial problems, and she intentionally provided false information about her marijuana use on her 2008 and 2012 Questionnaires for National Security Positions. Clearance is denied. CASE NO: 11-10437.h1


Financial

01/30/2014

Applicant has been steadily employed and appears to have a net remainder each month of at least $745. The SOR alleges unsatisfied financial delinquencies that total approximately $19,193. Applicant has not arranged payment plans or otherwise resolved the six delinquent debts alleged on the SOR. He failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for access to classified information is denied. CASE NO: 13-00988.h1


Foreign Influence; Personal Conduct

01/30/2014

Applicant, 43, was born in Pakistan and became a naturalized U.S. citizen in 2009. He has close ties of affection and obligation toward his parents, siblings, extended family members, and friends who are citizens and residents of Pakistan. He failed to demonstrate that his contacts in Pakistan do not pose a security risk, and that he is not in a position to be forced to choose between loyalty to the United States and his connections to family members. Moreover, he falsified his 2011 security clearance application. He failed to mitigate the foreign influence and personal conduct security concerns. Clearance is denied. CASE NO: 13-00435.h1


Foreign Influence; Personal Conduct

1/30/2014

Applicant’s brother and sister-in-law are citizens and residents of Afghanistan. Applicant owns office space in the United Arab Emirates (UAE) valued at $181,000. He traveled to the UAE eight times between 2005 and 2012. Applicant fully mitigated the Foreign Influence and Personal Conduct security concerns. Eligibility for access to classified information is granted. CASE NO:13-00383.h1


Financial

01/30/2014

Applicant has a significant amount of overdue debts, and she has not paid off the great majority of that debt, nor does it appear that she has made a responsible attempt to resolve most of the debts in question. Mitigation has not been shown. Clearance is denied.


Financial

01/30/2014

Applicant has had a history of overdue debts, and evidence was introduced to show that only one of the 26 debts listed on the SOR had been reduced. Mitigation has not been shown. Access to a sensitive position is denied.


Personal Conduct

01/30/2014

Applicant refuted allegations that she failed to provide proper contract oversight while acting as a contracting officer’s technical representative (COTR), and abused her position by attempting to hire a professional acquaintance as a federal employee, preselecting her for a supervisory position, hiring her at a higher rate of pay than authorized, and improperly assigning her as an executive assistant. Applicant also refuted allegations that she took advantage of an inappropriate personal relationship with her supervisor to gain a reassignment to a location near her home and to engage in excessive official travel. She mitigated instances of abusing her position by exhorting a potential contractor to hire her acquaintance, using government time and equipment to forward her acquaintance’s resume to the potential contractor, using a contractor employee to perform the duties of an executive assistant, and providing non-public information to a potential contractor. Clearance is granted. CASE NO: 11-15051.h1


Foreign Influence; Foreign Preference

01/30/2014

Applicant is a native of Colombia who became a U.S. citizen in 1996. Her parents and three of her four brothers are citizens and residents of Colombia. She visited her parents in Colombia in 2003, 2006, 2009, and 2013, using her Colombian passport. She surrendered her Colombian passport to her facility security officer in 2007, but she retrieved it for her travel in 2009 and 2013. The passport expired in July 2013, but she intends to renew it if she needs to visit her parents. Clearance is denied. CASE NO: 11-03121.h1


Foreign Influence

01/29/2014

Applicant is a 34-year-old employee of a defense contractor. He mitigated the security concerns arising from the foreign influence allegations. Clearance is granted. CASE NO: 13-00252.h1


Guideline B

01/29/2014

The Appeal Board cannot consider new evidence on appeal. A party’s disagreement with the Judge’s weighing of the evidence is not sufficient to demonstrate that the Judge erred. Adverse decision affirmed. CASE NO: 12-12301.a1


Financial Considerations; Handling Protected Information; Personal Conduct

01/29/2014

Despite being requested to do so, Applicant failed to submit any documentation to support his contentions that he had made any payments on behalf of his father or father-in-law, or to any of his own creditors, or that he had established repayment plans with any creditors. In October 2010, Applicant stated he had sufficient available funds to meet his monthly financial obligations. However, he failed to state his net monthly income, or indicate if he had any money left over each month for discretionary spending or savings. In March 2011, when asked to complete a personal financial statement reflecting a net monthly income and monthly expenses, he failed to complete the blank form that had been furnished to him to do so. Applicant’s continuing inaction under the circumstances confronting him does cast doubt on his current reliability, trustworthiness, or good judgment. His reputation in the workplace is unknown. Clearance is denied. CASE NO: 12-10857.h1


Guideline H

01/29/2014

The Appeal Board has not adopted a “bright-line” rule for what constitutes recent conduct. Rather, this is a matter for the Judge to evaluate in light of the record as a whole. Adverse decision affirmed. CASE NO: 11-12165.a1


Financial

01/28/2014

Applicant failed to file his Federal income tax returns for tax years 2008 through 2011. He also failed to file his state A income tax returns for tax years 2008 through 2011 and his state B income tax returns for tax years 2008 and 2009. While Applicant had employment and health issues in 2008, and he asserted he had been diagnosed with Attention Deficit Disorder (ADD) in 2013, he failed to establish that his employment and health issues were conditions beyond his control that prevented him from meeting his yearly tax filing obligations. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 12-00447.h1


Financial

01/28/2014

Applicant fell behind $87,000 in his mortgage payments before a February 2013 loan modification. Federal student loans that he cosigned for his son went into collection before Applicant began repaying them in March 2013. Since August 2013, Applicant has been repaying delinquent state income tax debts now at $1,554. Despite household social security benefits totaling $2,690 a month since March 2013 and his full-time employment income, Applicant was two months behind on his and his spouse’s mortgage as of December 2013. The financial considerations concerns are not sufficiently mitigated. Clearance denied. CASE NO: 11-14694.h1


Financial

01/27/2014

Applicant is 51 years old and employed as a Security Guard by a defense contractor. His history of excessive indebtedness has not been resolved. Clearance is denied. CASE NO: 13-00298.h1


Finances

01/27/2014

Applicant acquired seven obligations and an adverse judgment, amounting to over $18,000 in delinquent debt. She admitted responsibility for the cited obligations and provided scant evidence indicating any notable effort to address the debts over the past several years. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 12-03304.h1


Finances

01/27/2014

Applicant acquired 11 delinquent obligations since 2008 due to unspecified changes in her home life. Evidence of repayment plans for two debts were unaccompanied by evidence of actual payments, and Applicant’s documentary evidence regarding the remaining obligations was scant. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 11-10740.h1


Drug Involvement; Personal Conduct

01/27/2014

Applicant is 37 years old and is employed as a Photographer by a defense contractor. Applicant used marijuana after having been granted a security clearance. He also deliberately failed to disclose the full extent of his drug involvement on two security clearance applications. Sufficient mitigation has not be shown. Clearance is denied. CASE NO: 11-07161.h1


Financial

01/26/2014

Applicant has demonstrated financial rehabilitation and reform, mitigating the security concerns raised by his history of financial problems. Clearance is granted. CASE NO. 12-03290.h1


Guideline F

01/24/2014

The Judge’s conclusions are supported by the weight of the evidence. Adverse decision affirmed


Foreign Influence

01/24/2014

Applicant has not mitigated the security concerns caused by the presence of his relatives in Afghanistan. Clearance is denied. CASE NO: 13-00257.h1


Personal Conduct; Financial

01/24/2014

Applicant is a 57-year-old employee of a defense contractor. He mitigated the security concerns arising from the personal conduct allegations, but failed to mitigate the security concerns arising from the financial considerations allegations. Clearance is denied. CASE NO: 13-00137.h1


Financial

1/24/2014

Applicant had three delinquent debts totaling $242,625, identified on the Statement of Reasons (SOR). Applicant repaid one small debt. He contacted a second creditor and attempted to repay that debt, but was told the debt was “obsolete.” He failed to take actions on the largest debt of $220,128, because he believed it to be legally unenforceable. Reliance on the non-collectability of his remaining debts does not constitute a good-faith effort to resolve the debt within the meaning of the Directive. Applicant has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:12-09258.h1


Financial

01/24/2014

Between 2008 and June 2010, there were several circumstances beyond Applicant's control that resulted in financial problems. However, he has been employed since May 2011, and no delinquent account in the Statement of Reasons has been satisfied. Applicant claims he paid some small unlisted debts. With no documentary evidence to support his testimonial claims, Applicant's case in mitigation does not overcome the financial considerations guideline. Eligibility for access to classified information is denied. CASE NO: 12-01658.h1


Guideline F

01/24/2014

Applicant indicates that he was notified by Department Counsel after the decision was issued that the Judge had not reviewed evidence Applicant submitted after the hearing. Adverse decision remanded.


Guideline F

01/24/2014

The Judge explicitly discussed the mitigating evidence which applicant asserts was not considered. Adverse decision affirmed.


Financial

01/23/2014

Applicant is 49 years old. He had financial problems after he was in an accident where a vehicle hit him after it ran a red light. He has two remaining mortgage loan debts that he is resolving. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 13-00915.h1


Foreign Influence

01/23/2014

Applicant works for a defense contractor. Applicant has a brother and two sisters living in Afghanistan. The brother’s wife also lives there, all of them having been born there and resided there continuously since then. Applicant is a naturalized United States citizen. Applicant did not mitigate the Foreign Influence security concerns. Eligibility for a clearance is denied. CASE NO: 13-00375.h1


Financial Considerations

01/23/2014

Applicant’s initial financial problems arose in 2006 or 2007 when he was deployed and gave his wife his power of attorney. Instead of paying the bills, she opened new accounts. The second wave of financial problems occurred while he was deployed in 2010, when over a six-week period, Applicant’s parents, brother, and brother-in-law all were laid off. With the funds he had hoped to use to resolve his delinquent accounts, he instead diverted them to support his parents, brother, sister, brother-in-law, and his sister’s two children. Applicant put food on the table, made the house payments, utility payments, insurance payments, and car payments for his entire family over a seven-month period. The financial assistance Applicant expended on behalf of his family was overwhelming and resulted in a shortage of available funds, and an inability to address his own accounts. Applicant eventually contacted all of his creditors, and has either already paid off or otherwise resolved most of the accounts, entered into repayment arrangements and is making scheduled payments on other accounts, and disputed other accounts. Applicant demonstrated a “meaningful track record” of debt reduction and elimination, and there are clear indications that his financial problems are under control. There are no continuing questions or doubts about his reliability, trustworthiness and ability to protect classified information. Clearance is granted. CASE NO: 12-03831.h1


Financial

01/23/2014

Applicant acknowledged responsibility for the debts alleged in the Statement of Reasons. She established payment plans for two large debts, and paid six smaller debts. Her financial problems were caused by circumstances beyond her control that are no longer present. She has a viable plan to resolve her delinquent debt, and she is in the process of getting control of her financial situation. I find Applicant’s current financial situation does not raise trustworthiness concerns. Eligibility to hold a position of trust is granted. CASE NO: 12-01784.h1


Financial

01/23/2014

After Applicant failed to file federal and state income tax returns for 2005, 2006, 2007, the Internal Revenue Service filed a tax lien against her in January 2011 and the state obtained a judgment for unpaid taxes in May 2012. Applicant filed her federal and state tax returns in March 2013, after which the federal tax lien was withdrawn and the state judgment was vacated. The tax debts underlying the lien and the judgment are not resolved. Clearance is denied. CASE NO: 12-01266.h1


Financial

01/23/2014

Applicant’s statement of reasons (SOR) alleges seven delinquent, collection, or charged-off debts, totaling $27,525. He failed to provide sufficient documentation of progress resolving his financial problems. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-00433.h1


Financial

01/23/2014

Applicant’s statement of reasons (SOR) alleges nine delinquent, collection, or charged-off debts, totaling $253,108. She failed to provide sufficient documentation of progress resolving her financial problems. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-00423.h1


Foreign Influence

01/22/2014

Given Applicant's deep and longstanding relationships in the United States, he can be expected to resolve in favor of the U.S. interest any potential conflict of interest that may arise based upon his family ties in Pakistan. Clearance is granted. CASE NO: 13-00507.h1


Personal Conduct

01/22/2014

Applicant, a military officer, received non-judicial punishment in 2006 for making false statements to two of his superior officers about the nature of his relationship with a prostitute, with whom he had a paid sexual liaison. When he completed his e-QIP in 2008, he stated that he had received the non-judicial punishment as the result of an extramarital affair reported to his command by his estranged wife. Applicant was not candid in reporting the reason for his non-judicial punishment. In 2012, as a civilian contractor, Applicant forged his superior’s signature on a work order. Applicant’s lack of candor and inability to follow rules and regulations raise concerns about his judgment, reliability, and trustworthiness. He failed to mitigate security concerns under the personal conduct adjudicative guideline. Clearance is denied. CASE NO: 13-00454.h1


Financial

01/22/2014

Six years ago, a separation caused by marital problems resulted in foreclosure on Applicant’s home and repossession of his truck. He and his spouse have since reconciled and their finances have greatly improved. The financial considerations security concerns have been resolved. Clearance is granted. CASE NO: 13-00121.h1


Financial

01/22/2014

After Applicant’s divorce and two previous periods of unemployment, she took positive steps to correct her financial problems. She credibly testified that she will do so again after her third period of unemployment. Clearance is granted. CASE NO: 11-09752.h1


Drugs

01/21/2014

Applicant used marijuana 2~3 times after having been granted a security clearance. She offers nothing to mitigate her drug involvement. Clearance is denied. CASE NO: 12-06635.h1


Personal Conduct

01/17/2014

Circumstances underlying two domestic violence issues involving Applicant in 2003 and 2012 are no longer present and unlikely to recur. Also, Applicant neither permitted nor condoned illegal drug use by his estranged wife and her stepdaughter between 2009 and 2012. Changed circumstances and Applicant's excellent record of work over the past 28 years show his judgment and reliability do not undermine his suitability for access to classified information. Clearance is granted. CASE NO: 13-00784.h1


Financial; Personal Conduct

01/17/2014

Applicant has not mitigated the security concerns caused by her financial situation. She did not intentionally falsify a Government questionnaire as alleged. Clearance is denied. CASE NO: 12-06777.h1


Personal Conduct; Foreign Influence

01/17/2014

Applicant is a 63-year-old employee of a defense contractor. He mitigated the security concerns arising from the personal conduct and foreign influence allegations. Clearance is granted. CASE NO: 12-05669.h1


Financial

01/17/2014

Applicant and his spouse incurred about $70,000 in credit card debt paying for home improvements, household expenses, car repairs, and college costs for two of their three daughters. Since September 2010, they have been making monthly payments to a legal debt service to resolve four of Applicant’s larger credit card debts. Three of his debts have been settled, and the debt service is still working to resolve a $17,157 charged-off balance. Clearance granted. CASE NO: 12-03636.h1


Financial

01/17/2014

Applicant accumulated over $55,000 in unpaid, delinquent debt. After his security clearance hearing, he filed for bankruptcy to resolve his debts. Applicant’s belated effort to resolve his financial situation is insufficient to mitigate the security concerns arising from his finances. Clearance is denied. CASE NO: 12-02765.h1


Foreign Influence

01/17/2014

Applicant mitigated the security concerns generated by her family members who are citizens and residents of India. Clearance is granted. CASE NO: 12-02702.h1


Guideline F

01/17/2014

Applicant’s reliance on the 2003 bankruptcy is not persuasive since the delinquent debts at issue post date the bankruptcy by years. Adverse decision affirmed.


Guideline f

01/17/2014

Given Applicant’s delinquent debts, her dilatory efforts at remediation, and lack of corroboration for her claims. , the Judge’s analysis is sustainable. Adverse decision affirmed.


Drug Involvement; Psychological Conditions

01/17/2014

Applicant's extensive abuse of a variety of drugs and periodic heroin dependence between ages 12 and 23, is mitigated by his credible case in mitigation. Applicant's diagnosed psychological conditions have not been mitigated due to the absence of current evidence from a mental health professional to corroborate his claim that he no longer needs medication or consultation. Eligibility for access to classified information is denied.


Guideline H

01/17/2014

Even pro se applicants are expected to take reasonable and timely steps to protect their rights under the Directive. Adverse decision affirmed


Guideline F

01/17/2014

Although the Judge acted hastily in dismissing the possibility that Applicant has been making payments on her IRS debts, there is an adequate basis for the Judge’s ultimate adverse decision. Adverse decision affirmed.


Financial

01/17/2014

Applicant accrued delinquent debt as a result of unemployment, divorce, and child support obligations. He acted reasonably and responsibly in resolving his delinquent debt. He obtained counseling. Applicant did not want to file for bankruptcy as he wanted to pay his debts. He has three of the four debts paid. He stands ready to initiate a payment plan for the fourth. He has mitigated the security concerns under the financial guideline. Eligibility for a security clearance is granted. CASE NO: 11-09374.h1


Drugs

01/16/2014

Applicant is a 34-year-old employee of a federal contractor. He presented sufficient evidence of reform and rehabilitation to mitigate his drug abuse. Clearance is granted. CASE NO: 11-07808.h1


Financial

01/15/2014

Applicant’s finances were adversely affected by his divorce and a period of unemployment. He has established a plan to resolve his financial problems, and he has taken significant action to implement that plan. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 12-08193.h1


Financial; Personal Conduct

1/15/2014


Alcohol

01/15/2014

Applicant continued to drink alcohol in moderate amounts on a weekly basis, and to intoxication on occasion, after two arrests for drunk driving. He has shown sufficient rehabilitation since his March 2009 driving under the influence (DUI) offense to where there is little risk of future problems related to drinking. Clearance granted. CASE NO: 11-14364.h1


Financial

01/15/2014

Applicant has a history of financial problems and delinquent debt. He provided documentation to corroborate payment of one of the 11 debts alleged in the Statement of Reasons. Between 1997 and 2007, he owned and rented twelve residential properties. One of the properties went into foreclosure at the time of the downturn in the housing market. However, many of Applicant’s delinquent debts occurred before the housing downturn, and they remain unresolved. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 11-12436.h1


Criminal Conduct; Personal Conduct; Financial

01/14/2014

Allegations of criminal conduct are resolved for Applicant. However, Applicant failed to mitigate the security concerns about his finances and personal conduct. He repeatedly and deliberately misrepresented adverse information in his background, and he has accrued significant delinquent debt that he has not attempted to resolve. Clearance is denied. CASE NO: 12-10358.h1


Financial

01/14/2014

Applicant is a 47-year-old instructor. The evidence shows he has a history of financial problems that is ongoing. He did not present sufficient evidence to mitigate the financial considerations security concern. Clearance is denied. CASE NO: 12-03419.h1


Financial

01/14/2014

During his military career, Applicant was deployed for long periods of time, and he delegated the management of his family’s finances to his wife. Since 2007, Applicant has been steadily employed as a government contractor. He has not addressed many of the debts that arose during his military service. He provided documentation establishing that he resolved two debts in August 2013 after receiving the SOR. Applicant has not established a track record of consistent and timely payment of his delinquent debts. He failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 12-01737.h1


Foreign Influence

01/10/2014

Applicant is 29 years old, and she was born in Afghanistan. She left Afghanistan in March 2005, and became a naturalized United States citizen in 2012. Her father, mother, brother, four sisters and three brothers-in-law are all citizen and residents of Afghanistan. Applicant has continuing contact with her immediate family, including daily contact with her mother, and she traveled to Afghanistan to visit her family in 2009 and 2011. Applicant's connections to foreign individuals creates a potential conflict of interest between Applicant's obligation to protect sensitive information and Applicant's desire to help the foreign indiuviduals. Mitigation has not been shown. Clearance is denied


Financial

01/10/2014

Applicant mitigated the security concerns raised by his delinquent debts by demonstrating that they were due to circumstances beyond his control (unemployment) and by paying, or making arrangements to pay, them as soon as he regained stable employment. Clearance granted.


Criminal Conduct; Personal Conduct; Financial

01/10/2014

Applicant failed to mitigate the criminal conduct, personal conduct, and financial considerations concerns. He has a lengthy criminal record and history of financial problems that continue to cast doubt on his current reliability, judgment, and trustworthiness. Clearance is denied. CASE NO: 12-12280.h1


Financial

01/10/2014

Applicant contracted with a debt-management company in 2009 to assist in resolving his debts. He has established a plan to resolve his financial problems, and he has taken significant action to implement that plan. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 12-09454.h1


Financial

01/10/2014

Applicant has incurred delinquent debts as a result of unemployment, separation, and divorce. He was given bad tax advice about his tax liability and has entered into a payment plan to pay the tax liability. He is current with the plan. He recently filed for Chapter 7 bankruptcy on advice of counsel. He prioritized his delinquent debts and paid whatever he could. He has not ignored his creditors. He made good-faith efforts to resolve his debts. He has mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is granted. CASE NO: 12-02018.h1


Financial

01/10/2014

Applicant has mitigated the security concerns caused by his financial situation. Clearance is granted. CASE NO: 12-01388.h1


Financial

01/10/2014

Applicant has significant overdue debts, and no evidence was introduced to show that they had been resolved or reduced. Mitigation has not been shown. Clearance is denied.


Financial

01/10/2014

Applicant is a 33-year-old instructor. The evidence shows he has a history of financial problems that is ongoing. He did not present sufficient evidence to mitigate the financial considerations security concern. Clearance is denied. CASE NO: 12-00122.h1


Financial

01/10/2014

Applicant is 43 years old. He experienced financial difficulties due to divorce and unemployment. He resolved three of his delinquent debts and has a payment plan for the fourth. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 11-13336.h1


Financial

01/10/2014

Applicant is 43 years old. He experienced financial difficulties due to medical expenses, an increase in child support payments, and the loss of his wife’s job. He has paid some of his debts and has payment plans on others. He has hired an attorney to assist him with a mortgage loan modification. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 11-12222.h1


Foreign Influence; Financial

01/09/2014

Applicant is a naturalized U.S. citizen from Pakistan who has immediate family members who are citizens and residents of the country. Pakistan is a country that presents a heightened risk, and his family contacts and visits to Pakistan are considerable and present potential conflicts of interest. Foreign influence concerns are not mitigated. Additional security concerns are posed in connection with the state of his finances. Most of his accumulated delinquent debts have not been materially resolved and are not mitigated. Clearance is denied.


Foreign Influence

01/09/2014

Applicant mitigated the security concern generated by her relatives who are citizens and residents of Afghanistan. Clearance is granted. CASE NO: 12-12299


Guideline B; Guideline E

01/09/2014

The Judge’s material findings of security concern are supported by substantial evidence. Hearing Office decisions are not binding on other Hearing Office Judges or on the Appeal Board. An applicant with family members in a hostile country has a “very heavy burden” to show that they are not a means through which the applicant could be subjected to coercion. Adverse decision affirmed. CASE NO: 12-12172.a1


Guideline J; Guideline D

01/09/2014

Applicant failed to demonstrate that the Judge mis-weighed the evidence. A party’s disagreement with the Judge’s weighing of the evidence is not sufficient to show that the Judge erred. Adverse decision affirmed. CASE NO: 12-03036.a1


Financial

01/09/2014

Applicant has four delinquent debts totaling $61,960, identified on the Statement of Reasons (SOR). All of these debts remain delinquent. Applicant has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-01863


Financial

01/09/2014

Applicant is a 46-year-old coating technician. The evidence shows he has a longstanding history of financial problems that includes multiple bankruptcy cases and back taxes owed to state and federal tax authorities. He did not present sufficient evidence to mitigate the financial considerations security concern. Clearance is denied. CASE NO: 11-14233.h1


Financial; Personal Conduct

01/09/2014

Applicant accumulated 17 separate debts exceeding $50,000, of which $31,700 was for delinquent federal and state taxes. He provided insufficient documentation to mitigate any debts alleged. However, Applicant received favorable findings with regard to personal conduct allegations of failure to file federal and state income tax returns and a falsification of his security clearance application. Although Applicant receives a favorable finding under personal conduct, he was unable to overcome concerns raised under financial considerations. Clearance is denied. CASE NO: 11-13878.h1


Criminal Conduct; Personal Conduct; Alcohol

01/09/2014

Applicant mitigated the criminal conduct and alcohol security concerns, but failed to mitigate the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 11-09882.h1


Financial

01/07/2014

Applicant failed to mitigate the security concerns arising from his financial problems. He accumulated over $35,000 in delinquent debt that remains unresolved. Clearance is denied. CASE NO: 12-03968.h1


Financial

01/07/2014

Applicant is 50 years old. She experienced financial difficulties when she developed medical problems and had difficulty getting time off from work. She also separated from her husband and had periods of unemployment which also impacted her finances. She began addressing her financial problems several years ago and has paid most of her delinquent debts. She is resolving the remaining debts through payment plans. Applicant mitigated the financial considerations trustworthiness concerns under Guideline F. Eligibility for access to sensitive information is granted. CASE NO: 12-02787.h1


Financial

01/07/2014

Since late 2006 Applicant accumulated six delinquent debts totaling over $63,000. At this time he has paid $11,000 toward one debt. The other five debts remain unpaid or unresolved. He failed to demonstrate that he is reliable in addressing his financial delinquencies. Resulting security concerns were not mitigated. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 11-14952.h1


Financial; Personal Conduct

01/07/2014

Applicant and his spouse filed a Chapter 7 bankruptcy petition on November 13, 2013, seeking a discharge of $49,932 in unsecured non-priority medical, credit card, loan and other consumer debt, and $991 in unsecured priority debt owed to the state. Ongoing medical issues have impacted Applicant’s finances, but he did not exercise sound financial judgment at times. He also did not list any debts on his security clearance application, despite knowing that his three investment properties had been foreclosed. Clearance denied. CASE NO: 11-13027.h1


Personal Conduct, Alcohol

01/06/2014

Applicant is 23 years old. While a minor, Applicant consumed alcohol and was arrested several times. He unintentionally failed to disclose all of his employment and the reasons he left the jobs on his security clearance application. Applicant mitigated the security concerns under Guideline E, personal conduct, and Guideline G, alcohol consumption. Clearance is granted. CASE NO: 13-00304.h1


Financial Considerations; Personal Conduct

01/06/2014

Applicant’s misdiagnosis and treatment for depression rather than ADHD led to his being careless with money and making poor decisions, permitting accounts to become delinquent. Once he was correctly diagnosed and properly treated, he was able to focus on his financial situation. Applicant contacted creditors and collection agents, and either paid off accounts in their entirety, settled accounts and paid off the settled balance, or entered repayment agreements and continued making the agreed payments. There are clear indications that Applicant’s financial problems are under control. Applicant incorrectly responded to a series of questions in his SF 86 pertaining to his financial history. Applicant could not explain how the entries he made were not retained in the final version of his SF 86. He claimed to have spent considerable time in entering the correct responses, and denied the incorrect responses were deliberate or an attempt to falsify the material facts. Applicant’s explanations regarding the unexplained complexities of the e-QIP system are reasonable. Applicant’s actions no longer cast doubt on his current reliability, trustworthiness, or good judgment. Clearance is granted. CASE NO: 12-02450.h1


Financial

01/03/2014

Applicant accumulated major delinquent debts over a 17-year period and used the Federal bankruptcy laws to extinguish them without any evidence of trying other good-faith measures with his creditors. While there are extenuating circumstances associated with his wife's recurrent medical issues, her medical issues were not sufficiently developed to indicate Applicant could not have done more to resolve his debts before resorting to the protections offered by Chapter 7 bankruptcy relief. Applicant's efforts are insufficient to mitigate financial concerns. Clearance is denied. CASE NO: 13-00523.h1


Alcohol Consumption, Criminal Conduct, Personal Conduct

01/03/2014

From 1985 to December 2011, Applicant was arrested or cited for five alcohol-related offenses. He was convicted of driving while intoxicated or impaired (DWI) or driving under the influence (DUI) of alcohol in 1985, 2006, and 2012. He is on probation for his most recent DUI. There is no medical diagnosis, evaluation, or prognosis of his alcohol consumption; he continues to consume alcohol; and he is not attending any ongoing alcohol-related counseling or treatment. After his most recent DUI, he made some positive changes in his life; however, more time without alcohol consumption and criminal conduct is necessary before alcohol consumption and criminal conduct concerns will be fully mitigated. Personal conduct concerns relating to his completion of two security clearance applications are mitigated because he did not intend to deceive the Government about his alcohol-related criminal arrests, charges, and convictions. Eligibility for access to classified information is denied. CASE NO: 13-00478.h1


Foreign Influence

01/03/2014

Applicant is close to his parents and siblings, who are citizens and residents of Afghanistan. His father is a retired field grade officer in the Afghanistan Army, and is receiving a pension from the Afghan Government. Applicant emigrated from Afghanistan to the United States in 2008 and became a U.S. citizen in 2011. Notwithstanding several years of service supporting U.S. forces in Afghanistan, foreign influence security concerns are not fully mitigated, and eligibility for access to classified information is denied. CASE NO: 13-00374.h1


Sexual Behavior; Criminal Conduct; Personal Conduct

01/03/2014

Applicant's failure to disclose his criminal solicitation of prostitutes during an August 2009 interview, and his failure to discuss the circumstances of another agency's adverse clearance decision during an August 2010 interview, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial Considerations

01/03/2014

Applicant attempted to act responsibly by addressing her delinquent accounts. She either paid off, settled, or otherwise resolved all of her non-SOR accounts, and is current on all of her newer accounts. The only accounts continuing to be delinquent are the 7 (out of 10) accounts appearing in the SOR. Nevertheless, there are clear indications that Applicant’s financial problems are under control. Applicant is financially naive. Her actions, under the circumstances confronting her, following the guidance from her attorneys (make no payments and await the expiration of the statute of limitations) and the assistant FSO (do not file for bankruptcy), do not cast doubt on her current reliability, trustworthiness, or good judgment. Applicant’s actions under the circumstances resolve questions about her reliability, trustworthiness and ability to protect classified information. Clearance is granted. CASE NO: 12-02518.h1


Personal Conduct; Sexual Behavior; Use of Information Technology Systems

01/03/2014

Applicant's breach of his fiduciary duty to his employer and the Government, and his falsification of his September 2011 clearance application, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

01/03/2014

Applicant’s delinquent nonpriority unsecured debts were discharged under Chapter 7 of the Bankruptcy Code in October 2003. He subsequently generated 12 delinquent, collection, or charged-off debts, totaling $35,016, which are listed on his statement of reasons (SOR). He failed to mitigate nine delinquent SOR debts, totaling $34,301. He did not provide sufficient documentation of progress resolving his financial problems. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-01354.h1


Sexual Behavior; Personal Conduct

01/03/2014

Applicant mitigated the security concerns raised by his viewing pornographic web sites containing photographs of underage females by changes in his family circumstances and the passage of over five years without recurrence of the misconduct. Clearance granted.


Alcohol; Mental

08/21/2014

Applicant consumed alcohol from 2004 until 2011. In January 2011, he entered detoxification and rehabilitation programs. He has not consumed alcohol since completing the programs. He is an active participant in Alcoholics Anonymous programs. He was diagnosed with major depression, recurrent. He is under medical care for his depression, is compliant with his medications, and there is no evidence of a mental health issue. Applicant has mitigated security concerns for alcohol consumption and psychological conditions. Eligibility for access to classified information is granted. CASE NO: 10-11115.h.1


Financial

06/06/2014

Applicant has not resolved the charged-off, collection, or delinquent accounts which total more than $45,000. The financial considerations security concerns remain. Clearance is denied. CASE NO: 12-11647.h1


Financial

5/20/2014

Applicant is a 46-year-old employee of a defense contractor. Applicant was alleged to be indebted to four creditors in the approximate amount of $210,505. He filed a Chapter 13 bankruptcy, which was dismissed in November 2012. His debts were caused by unforeseen circumstances and he has addressed them in good faith as his resources would allow. Eligibility for access to classified information is granted. CASE NO: 12-01783.h1


Personal Conduct

5/06/2014

Security concerns are raised under the Guideline for Personal Conduct because Applicant made intentionally false statements to an investigative agent. Additionally, Applicant was terminated by three different employers for misconduct. Applicant failed to mitigate the Personal Conduct concerns. Eligibility for access to classified information is denied. CASE NO: 13-00603.h1


Alcohol consumption

02/24/2014

Applicant drank alcohol to the point of intoxication from 2006 until 2013, most of this time he was underage. In 2009, he drank heavily until he had acute alcohol poisoning and a blood alcohol content of 0.28. He was diagnosed as alcohol dependent in 2010, but continued to consume alcohol. Only in the last five months has he stopped consuming alcohol and attended alcohol counseling. He has not mitigated security concerns for alcohol consumption. Eligibility for access to classified information is denied. CASE NO: 12-01947.h1


Personal Conduct; Sexual Behavior

02/12/2014

Applicant downloaded pornography to his work and Government computer in 1994. From 1996 until 2011, he had numerous sexual activities with foreign national and U.S. prostitutes overseas and in the United States. In 2008, Applicant created files on his Government and company computer in violation of procedures. His access to classified information was revoked by his company for this action and he was assigned to a position not requiring access to classified information. Applicant has not presented sufficient information to mitigate security concerns for personal conduct and sexual behavior. Eligibility for access to classified information is denied. CASE NO: 11-12019.h1


Financial

08/15/2014

Applicant's financial problems arose after she and her husband lost their jobs in 2009. For the next three years, they took steps to gain control of their finances. Although she indicates that she is preparing a Chapter 13 bankruptcy petition, the record does not contain any evidence that, in the last two years, she has taken any action to resolve her remaining debts. Her current income and expenses are unknown. She has not mitigated the security concerns under Guideline F. Clearance is denied. CASE NO: 12-03000.h1


Foreign Influence

07/31/2014

Applicant s five brothers, five sisters-in-law, one sister, and one brother-in-law are residents and citizens of Afghanistan. Except for one brother, none of his family members work for the Afghan government. His brother-in-law retired from his legislative job. Applicant has established that he is not likely to be pressured, exploited, or coerced to release classified information because of his family members. He has mitigated the foreign influence security concerns arising under Guideline B. His security clearance is granted. CASE NO: 13-01290.h


Financial

07/30/2014

Applicant's financial problems arose from his former wife's failure to pay household expenses, using the money instead for personal matters. During their divorce, he resolved some old debts, but Applicant has not provided sufficient evidence to establish that he has taken control of his current debts and finances. He has not mitigated the security concerns under Guideline F. Clearance is denied. CASE NO: 14-00818.h1


Personal Conduct

07/25/2014

Applicant intentionally falsified her answers on her security clearance applications and intentionally provided incorrect information to the Office of Personnel Management investigator. She has not mitigated the security concerns under Guideline E. Clearance is denied. CASE NO: 12-03970


Financial; Personal Conduct

07/23/2014

Applicant incurred significant income tax debt after failing to file his federal and state income tax returns for many years. He has filed his past-due income tax returns and paid a substantial tax debt. Applicant did not intentionally falsify his answers to his e-QIP in 2006. He has mitigated the security concerns under Guidelines E and F. Applicant's security clearance is granted. CASE NO: 12-05053


Financial

07/17/2014

Applicant's financial problems arose after he voluntary left a job and did not work for 15 months. When he resumed working, he began to repay his debts. He has paid some debts and has a payment plan in place for his remaining debts. He has sufficient income to pay his debts and his living expenses. His current bills are paid. He mitigated the security concerns under Guideline F. Clearance is granted. CASE NO: 12-00275.h1


Financial

07/15/2014

Applicant's financial problems arose from unemployment and inadequate income. She is a single mother supporting three children. She has paid or is resolving only five of approximately $37,000 in delinquent SOR debts. She does not have a payment plan to resolve the remaining debts identified in the SOR. She has not mitigated trustworthiness concerns under Guideline F. Her eligibility for a public trust position is denied. CASE NO: 14-00593.h1


Financial

07/11/2014

Applicant filed a Chapter 11 bankruptcy petition to restructure his debt on his investment properties. Through this process, he gained control of his income and expenses and has established a track record for debt payment. He has resolved several debts. His other bills are paid, and he has sufficient income to meet his monthly expenses. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 12-02052.h1


Financial

06/30/2014

The only debt listed in the SOR arose under circumstances completely beyond Applicant's control. Applicant's finances are under control. She has mitigated the concerns about her trustworthiness under Guideline F. Eligibility for access to sensitive information is granted. CASE NO: 14-00628.h1


Foreign Influence

06/24/2014

Applicant s wife, her son, and their daughters are citizens of the United States living in XXXX. His wife's family members are citizens and residents of XXXX. Two of his wife's uncles are retired members of the XXXX Army, and her nephew was a former member of the XXXX Army. Her brother has lived in Russia, may be a Russian citizen, and has Russian business contacts. Despite his regular contacts with his wife's family, Applicant established that he would place the United States above his wife's family members. He has mitigated the foreign influence security concerns arising under Guideline B. His security clearance is granted. CASE NO: 13-00849.h


Drugs

06/20/2014

Applicant used illegal drugs between 2008 and 2012. He has not provided sufficient information on his current drug use. Applicant has not mitigated the security concerns regarding his drug involvement. Clearance is denied. CASE NO: 13-01317.h1


Financial

04/28/2014

Applicant's financial problems arose from a loss of business income. For the last four years, he has attempted to modify his home mortgages. Factors beyond his control created significant complications to a resolution of his request for home loan modifications. He continues with this process with the assistance of legal counsel and a real estate agent. His current bills are paid. He mitigated the security concerns under Guideline F. Clearance is granted. CASE NO: 13-00566.h1


Personal Conduct; Foreign Influence

04/22/2014

Applicant s son is a citizen and resident of the United States. His son-in-law is a resident of the United States and has started the application process for United States citizenship. One brother is a citizen and resident of the United Kingdom. All other family members are citizens and residents of the United States. The land in Afghanistan belonging to his deceased father cannot be a source of coercion, exploitation, or manipulation. Applicant has mitigated the security concerns about his foreign influence. He intentionally failed to provide relevant information on his security clearance applications. He has not mitigated the personal conduct concerns. His security clearance is denied. CASE NO: 13-00538.h1


Foreign Influence

04/11/2014

Applicant and his siblings inherited land in Afghanistan from their parents. After completing the legal process to establish their right to inherit the property, the Afghan courts have declared Applicant and his siblings as the heirs to a two-acre parcel of land. He and his siblings are trying to sell the land. They have not started the legal process to establish their right to two smaller and much less valuable parcels of land in Afghanistan. Applicant is willing to divest himself of any interest in the smaller parcels of land. He has mitigated the foreign influence security concerns arising under Guideline B. His security clearance is granted. CASE NO: 13-00644.h


Drugs

04/08/2014

Applicant experimented with marijauna, an illegal drug, in college. After a four year abstinence, he began smoking marijuana socially about once a year until 2012. During this time he held a security clearance. Applicant has not mitigated the security concerns regarding his drug involvement. Clearance is denied. CASE NO: 13-00907.h1


Drugs, Personal Conduct

04/08/2014

Applicant twice smoked marijuana to relieve leg pain while holding a security clearance. He has no intent to smoke marijuana in the future for any reason. Applicant has mitigated the government's security concerns regarding his personal conduct and his drug involvement. Clearance is granted. CASE NO: 12-01241


Financial

03/20/2014

Applicant's financial problems arose from bad legal advice and the fraudulent use of his personal information by a family member. He retained the services of a debt resolution company and a credit monitoring company. With the assistance of the debt resolution company, he has resolved two SOR debts and is paying monthly on his remaining debts. His deferred education loans are not a security concern. He has a track record for paying his past-due debts. His current bills are paid. He mitigated the security concerns under Guideline F. Clearance is granted. CASE NO: 13-00703.h1


Financial

03/06/2014

Applicant's financial problems arose when her husband became disabled from working. Their disability income was insufficient to pay all their expenses. She returned to work in 2009 and paid many of their debts. She has not provided documentation showing that the $16,000 SOR debt is paid. She has not mitigated the security concerns under Guideline F. Clearance is denied. CASE NO: 13-00975.h1


Foreign Preference; Foreign Influence

03/06/2014

Applicant became a U.S. citizen in 1990. She formally renounced her Afghan citizenship, and she turned her expired Afghan passport into her security officer. Her casual and infrequent contact with her cousin in Afghanistan and her husband's infrequent and casual contacts with his uncle and stepbrother in Iran are not a concern because she is not close to these relatives. Her closest family members, her husband, children, mother, sisters, and brothers are citizens and residents of the United States and have been for many years. She has mitigated the security concerns about her foreign influence and foreign preference. Her security clearance is granted. CASE NO: 13-00619.h1


Financial

03/05/2014

Applicant's financial problems arose after her divorce because of insufficient income to support her sons and to pay for their education. When her older sister became seriously ill, Applicant paid her living expenses to Applicant's financial detriment. She has contacted creditors and paid many of the debts raising a security concern. She is attempting to resolve the remaining debts. She has a track record for paying her past-due debts. Her current bills are paid, and she reduced her living expenses. She mitigated the security concerns under Guideline F. Clearance is granted. CASE NO: 13-00932.h1


Financial; Personal Conduct; Foreign Influence

02/11/2014

. While he intentionally failed to provide relevant information on his security clearance application, he voluntarily provided the correct information prior to being confronted with it. He mitigated the personal conduct concerns. Applicant s parents, brother, two sisters, and son are citizens and residents of the United States. His father's past positions in the Afghan government and his brother's current work for nongovernment organizations are mitigated after balancing the record evidence. His unpaid tax debts and medical bills remain a security concern. His security clearance is denied. CASE NO: 12-11648.h1


Financial, Personal Conduct, Alcohol Consumption, Criminal Conduct

01/31/2014

Applicant paid his past-due federal taxes by 2009 and his one remaining debt by 2012. Applicant's criminal conduct is related to his alcohol consumption, which he ceased nearly four years ago. He did not intentionally falsify his e-QIP. He mitigated any security concerns raised by his failure to provide full information about his past criminal record to the security clearance investigator. Applicant has mitigated the government's security concerns regarding his finances, personal conduct, alcohol consumption, and his criminal conduct. Clearance is granted. CASE NO: 10-09035


Foreign Influence

01/14/2014

Applicant s father is a resident and citizen of Afghanistan. His father is retired and operates a small fruit farm. His father does not have any political connections and is not involved with any political groups. All of Applicant's nearest family, including his non-citizen sister and mother-in-law, reside in the United States. Except for his one sister and mother-in-law, Applicant's U.S. family members are citizens of the United States. Applicant talks with his father twice a year, and he has visited Afghanistan once since arriving in the United States as a refugee in 1981. He has mitigated the foreign influence security concerns arising under Guideline B. His security clearance is granted. CASE NO: 13-00643.h


Alcohol Consumption, Criminal Conduct, Personal Conduct

01/14/2014

The police arrested and charged Applicant with five-alcohol related incidents, including two driving under the influence (DUI) charges. Applicant's last DUI occurred more than five years ago. He has changed his drinking patterns and complied with the court sentencing mandates. He did not intentionally provided false information on his security application. Applicant has mitigated security concerns about his criminal conduct, personal conduct, and alcohol consumption. Clearance is granted. CASE NO: 12-08123


Foreign Influence

01/06/2014

Applicant‘s sister is a citizen of Taiwan, who lives part time in the People's Republic of China. Applicant's brother has lived and worked in Southeast Asia for a number of years. He also worked periodically in the People's Republic of China, where his company owned and operated a manufacturing plant. Applicant's brother sold his business, which divested Applicant of his equity interest in the company. Applicant established that he would place the United States above his family members. He has mitigated the foreign influence security concerns arising under Guideline B. His security clearance is granted. CASE NO: 13-00485.h


Financial

05/27/2014

Applicant's financial problems began when his wife filed for divorce in 2008 and then hired a private detective who involved Applicant in a driving under the influence (DUI) sting. These circumstances created a financial crisis for Applicant. He has not taken control of his finances, which remain unresolved. He has not mitigated the security concerns under Guideline F. Clearance is denied. CASE NO: 12-00387.h1


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