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2016 Industrial Security Clearance Decisions

 

These 1868 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 2015 2016 2017 2018

Guideline F

12/29/2016

Applicant did not raise an issue of harmful error. Our authority is limited to cases in which the appealing party has asserted harmful error. Adverse decision affirmed. CASE NO: 15-04623.a1


Guideline F; Guideline E

12/29/2016

The Directive presumes a nexus between proved or admitted facts under any of the guidelines and an applicant's eligibility for a clearance. The non-collectability of a debt does not constitute a good-faith effort at payment. That a debt no longer appears on a credit report is not meaningful evidence as to the debt's disposition. Hearing Office cases are not binding on other Judges. Adverse decision affirmed. CASE NO: 15-03527.a1


Guideline F

12/29/2016

A Judge should consider the circumstances underlying an applicant's delinquent debts. A Judge is not required to discuss every piece of evidence. A whole-person analysis requires evaluating an applicant's case in light of the entirety of the evidence. Adverse decision affirmed. CASE NO: 15-02760.a1


Financial; Personal conduct

12/28/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Personal conduct concerns were determined to be unsubstantiated. Clearance is granted. CASE NO: 15-04687.h1


Financial

12/28/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 15-03296.h1


Financial

12/28/2016

Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 15-01628.h1


Financial; Personal Conduct

12/28/2016

Applicant did not file his 2012 and 2013 federal income tax returns when they were due. He filed the returns in October 2014, more than a year before the Statement of Reasons was issued. He did not intentionally provide false information about his taxes on his 2013 Questionnaire for National Security Positions. Clearance is granted. CASE NO: 14-06879.h1


Financial

12/27/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 15-08275.h1


Financial

12/27/2016

Applicant incurred delinquent debts starting in 2011 when her boyfriend used her credit card without her approval, and she lost employment because of pregnancy and her employer's loss of contracts. Applicant paid her debts as best she could and then she established a plan to pay her delinquent debts by filing a Chapter 13 bankruptcy. She is current with her bankruptcy payments. Applicant mitigated financial security concerns. Eligibility for access to classified information is granted. CASE NO: 15-06193.h1


Drug Involvement; Personal Conduct

12/27/2016

A Summary Decision in favor of Applicant is issued in light of the overwhelming rehabilitation for security concerns under Guideline H and Guideline E. CASE NO: 15-04289.h1


Financial

12/27/2016

Applicant's ex-wife had a drug problem. Applicant gave her money to pay the bills, but she spent the money on drugs. Applicant paid or settled all the debts alleged in the Statement of Reasons. His current finances are in order. Clearance is granted. CASE NO: 15-03449.h1


Financial

12/27/2016

Applicant has significant past-due debt that he has yet to address. Clearance is denied. CASE NO: 15-02903.h1


Financial

12/27/2016

Applicant became seriously delinquent on some credit card debts when his spouse was unemployed for about a year. He exhausted his savings in paying for treatment for his daughter and could not pay his mounting credit card debt. Applicant still owes approximately $12,528 in delinquent balances, but he has made sufficient progress toward resolving his past-due debts to continue his security clearance eligibility. Clearance is granted. CASE NO: 15-02609.h1


CAC Criminal and Dishonest Conduct

12/22/2016

Applicant's appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence, i.e., a document about Applicant's probation that he had not submitted to the Judge. Under ¶ E3.1.29 of Department of Defense Directive 5220.6, the Appeal Board may not receive or consider new evidence. The Board does not review a case de novo. The Appeal Board's authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Because Applicant has not made an allegation of harmful error on the part of the Judge, the decision of the Judge is AFFIRMED. Adverse decision affirmed. CASE NO: 15-06228.a1


Drugs

12/22/2016

Applicant has mitigated the security concerns caused by her drug use. Clearance is granted. CASE NO: 15-05800.h1


Guideline F

12/22/2016

Applicant argues that his circumstances do not raise security concerns. The Directive presumes a nexus, or a rational connection, between admitted or proved circumstances under any of the Guidelines and an applicant's eligibility for a clearance. Applicant admitted most of the debts and the Judge found they were also established by the evidence. The Judge reasonably concluded that Applicant's extensive delinquent debts raise a concern that he may lack qualities essential to protect classified information. Given the extent of Applicant's debts, the paucity of evidence of actual debt resolution and the timing of his efforts to contact creditors, we conclude that the Judge's adverse decision was consistent with the record. Adverse decision affirmed. CASE NO: 15-05305.a1


Guideline B; Guideline F; Guideline E

12/22/2016

The Judge did not deny Applicant his right to submit evidence. The Judge erred by not considering Guideline E mitigating condition 17(c). However, had she done so the outcome of the case would have been the same. Therefore, the error is harmless. Hearing Office cases are not binding on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. CASE NO: 15-04446.a1


Guideline F

12/22/2016

We examine a Judge's findings of fact to see if they are supported by substantial evidence. In this case, the Judge's material findings are sustainable. Applicant did not rebut the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 15-01285.a1


Guideline B; Guideline E

12/22/2016

The Judge did not err by concluding that an applicant who shares living quarters with someone in violation of U.S. immigration laws poses a heightened risk of exploitation. Applicant did not rebut the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 15-00693.a1


Financial

12/21/2016

Applicant is a 58-year-old employee who is seeking to retain a security clearance. She presented clear and substantial evidence to explain and mitigate the concerns stemming from a past-due mortgage loan. Eligibility is granted. CASE NO: 16-00590.h1


Financial

12/21/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 16-00046.h1


Foreign Preference

12/21/2016

Applicant mitigated the foreign preference security concern. Eligibility for access to classified information is granted. CASE NO: 15-05082.h1


Guideline H

12/20/2016

Applicant cites to the following statement by the Judge: "I find no countervailing mitigating condition that is applicable here. Applicant used an illegal substance on 10 to 15 occasions after having been granted a security clearance, the last time in June 2013, less than three years prior to his hearing." He argues that the Judge appeared to have already made up his mind before considering or analyzing the mitigating evidence. We do not read the Judge's analysis as reflecting an inflexible predisposition to rule against Applicant but, rather, that he had considered the mitigating conditions and found none to be applicable based upon the record before him. Applicant's argument is not enough to rebut the presumption that the Judge was unbiased. Adverse decision affirmed. CASE NO: 15-03403.a1


Guideline F

12/20/2016

In the appeal brief, Applicant argues that he is making specific payments on certain debts, some debts have been paid, and others do not appear on his credit report. In support of those arguments, he presented documents from creditors and a credit report that had not been previously presented to the Judge. Those documents and his arguments based on those documents constitute new evidence that the Appeal Board cannot consider. See Directive ¶ E3.1.29. Adverse decision affirmed.


Sexual Behavior; Criminal Conduct; Personal Conduct

12/20/2016

Applicant sexually molested his 11 or 12-year-old sister-in-law on three occasions two decades ago when he was 24 or 25 years old. There has been no recurrence of such behavior over the ensuing decades. His 2014 psychological evaluation test results were found to be within normal limits, and those incidents do not reflect a long standing pattern of deviant sexual ideation or perverted interest. He has served in responsible positions as a security manager, security director, or facility security officer, and he is cognizant of his responsibilities as well as those who have a security clearance. Nevertheless, he lied to his family about the incidents in 2008 or 2009, and he lied to an investigator during his January 2013 security processing polygraph pre-test interview. He finally admitted the truth about the sexual molestation during a July 2013 interview. He has still not told his wife what he did to her sister. There are questions or doubts as to his reliability, trustworthiness, and good judgment. Clearance is denied. CASE NO: 14-06238.h1


Guideline F

12/20/2016

Applicant cites to documentary evidence, arguing that he has demonstrated mitigation. In DOHA proceedings, applicants bear the burden of persuasion. Although Applicant presented some evidence, the Judge's overall conclusion that he had not met his burden of persuasion is supportable based on the total record. A person who fails repeatedly to fulfill legal obligations, such as paying taxes, providing child support, and addressing other debts in a reasonable manner, does not demonstrate the high degree of reliability required of those granted access to classified information. Adverse decision affirmed. CASE NO: 14-04926.a1


Financial

12/19/2016

Applicant failed to mitigate his long history of unpaid Federal tax liens under the guideline for Financial Considerations. His request for a security clearance is denied. CASE NO: 15-08440.h1


Foreign Preference; Foreign Influence

12/19/2016

Applicant mitigated the foreign preference and foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 15-06688.h1


Financial

12/19/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-05532.h1


Foreign Influence; Foreign Preference

12/19/2016

Applicant has mitigated the security concerns under both guidelines. She presented sufficient documentation to meet the burden in this case. Eligibility for a security clearance is granted. CASE NO: 14-05564.h1


Financial

12/16/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 15-05135.h1


Financial

12/16/2016

Applicant's statement of reasons (SOR) alleges four delinquent debts. Applicant is credited with paying or resolving all of his SOR debts. He has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-03451.h1


Guideline F; Guideline E

12/16/2016

The Board concludes the Judge's finding that Applicant deliberately failed to disclose debts on her security clearance application reflects a reasonable interpretation of the record evidence and is sustainable. Adverse decision affirmed. CASE NO: 15-01724.a1


Guideline F

12/16/2016

Considering Applicant's appeal arguments as a whole, we conclude that the Judge's material findings of security concern are supported by substantial evidence or constitute reasonable inferences that can be drawn from the evidence. Applicant has pointed to no harmful error that would likely change the outcome of the case. Adverse decision affirmed. CASE NO: 14-06781.a1


Drugs; Financial; Personal Conduct

12/16/2016

Applicant has not used drugs for five years and has no intent to do so again. He has sufficiently resolved his financial issues. Finally, his mishandling of sensitive information three years ago has not been repeated. Clearance is granted. CASE NO: 14-05564.h1


Drugs; Personal Conduct

12/15/2016

Applicant failed to mitigate the Drug Involvement and Personal Conduct security concerns. Applicant used marijuana twice in August 2015. Eligibility for access to classified information is denied. CASE NO: 16-00330.h1


Financial

12/15/2016

Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-02976.h1


Financial

12/15/2016

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-01790.h1


Guideline F

12/15/2016

Statements by the investigator in an interview summary are not the interviewer's opinion. They reflect the answers given to the interviewer's questions. Furthermore, even if they did reflect the interviewer's opinion, that would not bind DoD. Adverse decision affirmed. CASE NO: 15-01099.a1


Guideline F

12/15/2016

In holding the record open, the Judge did not explicitly mention the state tax issues. However, he told Applicant that he could submit evidence about a short sale of real property, various debts that a law firm was addressing on his behalf, extracts from his military records, and "[a]nything you'd . . . want me to consider, you can submit that as well. . . . I look at all the aspects that are submitted on the SOR, all the issues that are discussed in the SOR." A Judge has no authority to advise an applicant on the quantum of evidence that would mitigate the concerns in his case. There is no reason to conclude that the Judge did so or that he limited Applicant's post-hearing documents to certain specified subjects. To the contrary, his guidance was quite broad and could reasonably be understood to mean evidence regarding any or all of the SOR allegations. Adverse decision affirmed. CASE NO: 14-05762.a1


Guideline B

12/15/2016

The Directive presumes there is a nexus, or rational connection, between proved circumstances under any of its guidelines and an applicant's security eligibility Direct or objective evidence of nexus is not required. In a Guideline B case, Department Counsel is not required to prove a threat of espionage. We have consistently held that factors such as the failure of foreign authorities to contact an applicant's relatives in the past do not provide a meaningful measure of whether an applicant's circumstances pose a security risk. In this case, the Judge considered Applicant's prior involvement with a foreign defense establishment, including his having served in the military and/or having held a foreign security clearance. This was appropriate for him to consider. Adverse decision affirmed. CASE NO: 14-04937.a1


Foreign Influence

12/14/2016

Applicant has been a U.S. citizen for nearly 38 years. His life is in the United States, and he has little contact with his Pakistani relatives. Clearance is granted. CASE NO: 15-08862.h1


Foreign Influence; Foreign Preference

12/14/2016

Colombian-born Applicant is a naturalized U.S. citizen who has resided in the United States for nearly two decades. Her husband and two children are native-born U.S. citizens; her mother is a Colombian citizen and a permanent U.S. resident; and her sister is a naturalized U.S. citizen residing in the United States. Applicant's father is a Taiwanese citizen residing in Colombia; and her aunt, uncle, and two cousins are Columbian citizen-residents. Applicant's family members have had no relationship with the Colombian government or its military or intelligence services, and there is no evidence that they have ever been approached or threatened by a terrorist or anyone affiliated with the Colombian government. Applicant maintains a distant and rather infrequent relationship with her father and one cousin. She maintains a somewhat closer relationship with her aunt, uncle, and other cousin. They all maintain a low profile in Colombia. It is unlikely that Applicant would have to choose between the interests of her family and the interests of the United States. Applicant destroyed her Colombian passport. She is willing renounce her Colombian citizenship if asked to do so. There are no questions or doubts as to her security eligibility and suitability. Clearance is granted. CASE NO: 15-08411.h1


Foreign Influence

12/14/2016

Applicant has more than one million dollars in real estate interest in South Korea. Despite having more than six months to divest of this interest, he has not done so. Clearance is denied. CASE NO: 15-06263.h1


Drugs

12/14/2016

Applicant resumed using marijuana in 2008 after more than 20 years of abstinence. He used marijuana until 2012 while holding a security clearance granted in 2007. Applicant did not present any information that would mitigate the security concerns about his illegal drug use. His request for continued eligibility for a security clearance is denied. CASE NO: 15-02194.h1


Criminal; Personal Conduct

12/14/2016

Applicant mitigated the criminal and personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01583.h1


Financial

12/14/2016

On February 11, 2016, a determination was made denying Applicant a security clearance to work in the defense industry. Applicant had two vehicles repossessed and nine delinquent accounts totaling more than $32,000. Initially, he provided documentation he had paid one delinquent obligation of approximately $500. Applicant appealed the denial and the case was remanded to consider documents submitted by Applicant. Applicant has adequately addressed the financial considerations and personal conduct security concerns. Clearance is granted. CASE NO: 14-04491.h2


Financial

12/13/2016

Applicant has not mitigated the financial security concerns guideline. He did not present any evidence to address his delinquent debts. He has not carried his burden in this case. Eligibility for a security clearance is denied. CASE NO: 15-02235.h1


Financial

12/13/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-02185.h1


Foreign Influence; Outside Activities

12/13/2016

Applicant mitigated concerns raised by his business-related foreign travel, as well as his attendance and presentations at professional conferences overseas. However, he did not mitigate security concerns raised by his close relationship to a relative who is a citizen and resident of Ukraine. Clearance is denied. CASE NO: 12-05092.h1


Financial

12/12/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 15-07074.h1


Financial

12/12/2016

Applicant failed to mitigate the security concerns raised by his delinquent or past-due debts. His request for access to classified information is denied. CASE NO: 15-01251.h1


Finances

12/12/2016

Applicant has had a history of major medical issues necessitating surgical procedures and periods of recuperation, as well as three notably related periods of unemployment. He has learned to devise a budget, live within his means, and satisfy all but one of his delinquent debt. That remaining debt, related to a Social Security Administration overpayment is currently under review. Applicant has sufficient income remaining at the end of each month to make modest payments on any repayment plan devised and offered. Given his progress to date, I find he has mitigated financial considerations concerns. Eligibility for a public trust position is granted. CASE NO: 15-00099.h1


Financial

12/12/2016

Applicant failed to mitigate the security concerns raised by her delinquent or past-due debts. Her request for access to classified information is denied. CASE NO: 12-06844.h1


Financial; Criminal Conduct

12/09/2016

Applicant has mitigated the security concerns caused by his financial situation, and his single alcohol-related arrest. Clearance is granted. CASE NO: 15-08358.h1


Criminal Conduct; Personal Conduct

12/09/2016

Upon considering the surrounding circumstances of Applicant's criminal charges and the comprehensive presence of rehabilitation, I conclude that Applicant has mitigated the criminal conduct and personal conduct security concerns. Clearance is granted. CASE NO: 15-04983.h1


Financial

12/09/2016

Applicant has mitigated the security concerns caused by his financial situation. Clearance is granted. CASE NO: 15-04549.h1


Financial

12/09/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-04120.h1


Financial

12/09/2016

Applicant failed to mitigate the security concerns raised by his failure to timely file his 2008-2012 state and federal income tax returns and his $8,800 in delinquent debts, where he did not file his delinquent taxes until after he received the SOR, and did not pay half of his delinquent debts until after he received the SOR more than two years after he regained employment. Clearance denied. CASE NO: 15-02888.h1


Criminal Conduct

12/09/2016

Applicant was charged and convicted of murder in the first degree and was sentenced and served 20 years of incarceration in a state prison. Upon his release from prison in 2013, he served 16 months of supervised parole before he was released without any continuing parole conditions. Since his release from parole, Applicant has shown growth and maturity in his employment and personal life, and his efforts are encouraging. Given the gravity of the offense and time in incarceration, it is still too soon to mitigate Applicant's criminal conduct concerns. Clearance is denied. CASE NO: 15-02765.h1


Personal Conduct; Criminal Conduct

12/09/2016

Applicant failed to submit sufficient evidence to mitigate his falsification of his 2014 security clearance application (SCA). He mitigated the criminal conduct security concerns. Clearance is denied. CASE NO: 15-01915.h1


Guideline F

12/09/2016

We examine a Judge's findings to see if they are supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of all the contrary evidence in the same record. Applicant is correct about the medical debt. The SOR allegation, which Applicant admitted, and record evidence show that the amount is $100 rather than the $667 that the Judge found. Otherwise, we find no reason to disturb the Judge's findings. He noted her various claims to have disputed or paid debts. His findings that she had not corroborated these claims were consistent with the record that was before him. The Judge's material findings are based on substantial evidence, or constitute reasonable characterizations Adverse decision affirmed. CASE NO. 15-01599.a1


Financial

12/09/2016

Applicant mitigated the security concerns under the financial considerations guideline. He had many circumstances that occurred beyond his control after leaving the military and working in the contract field. He filed for Chapter 13 bankruptcy in 2015. The term is for a period of three years. He is current with his payments. CASE NO: 15-01134.h1


Common Access Card

12/09/2016

The two convictions at issue–DUI and domestic violence–entail risk of harm to persons or property and could forseeably result in an unfavorable employment decision. The Judge recognized this. The subject matter of Applicant's omissions is material. Applicant's failure to have disclosed these offenses raises a concern that he is lacking in honesty, trustworthiness, and reliability such that, were he granted access to Federal installations, he poses a foreseeable risk of harm to persons, property, and/or information. Instruction, Enclosure 4, Appendix 2 ¶ 3(c) sets forth criteria to assist in determining whether that risk is unacceptable: (1) The misstated or omitted information was so long ago, was minor, or happened under such unusual circumstances that it is unlikely to recur. (2) The misstatement or omission was unintentional or inadvertent and was followed by a prompt, good-faith effort to correct the situation. Given his findings about Applicant's experience in completing OF 306s, and given that the question at issue specifically includes misdemeanor offenses among those that must be disclosed, the Judge's conclusion that the omission was deliberate is sustainable. Adverse decision affirmed. CASE NO: 15-00898.a1


Financial

12/09/2016

Applicant's evidence is insufficient to show that she has a track record of financial responsibility, and that her financial problems are under control. She failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-00624.h1


Guideline B

12/09/2016

In Foreign Influence cases, the nature of the foreign government and the presence of terrorist activity are important considerations that provide context for other evidence and must be brought to bear on the Judge's ultimate conclusions in the case. The country's human rights record is also an important consideration. His connections with his family are commendable. A concern in a Foreign Influence case is that foreign relatives may become a means through which an applicant could come to the attention of those interested in obtaining classified information and be subjected to coercion. Applicant has not shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-06931.a1


Financial

12/09/2016

Applicant's evidence is insufficient to show that he has a track record of financial responsibility, and that his financial problems are under control. He failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 12-05597.h1


Financial; Personal Conduct

12/08/2016

Applicant accumulated delinquent student loan and consumer debts that she has not addressed in any material way and remain outstanding. Security concerns over Applicant's finances are not mitigated. Alleged intentional omissions of her delinquent debts in the public trust application she completed were not substantiated. Personal conduct concerns are mitigated. Eligibility to hold public trust position is denied. CASE NO: 15-04233.h1


Financial

12/08/2016

Applicant failed to show he has filed his delinquent 2013 income tax return. His evidence is insufficient to establish that he has a track record of financial responsibility. He failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-03902.h1


Guideline F; Guideline E

12/08/2016

A person who repeatedly fails to fulfill legal obligations does not demonstrate the degree of reliability expected of those with access to classified information. A Judge has no authority to serve as an investigator in a case. A Judge is presumed to have considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 15-03458.a1


Guideline F; Guideline J; Guideline E

12/08/2016

A Judge should evaluate an applicant's mens rea in light of the record as a whole. We give deference to a Judge's credibility determinations. A Judge is presumed to have considered all of the evidence in the record. We are not permitted to consider the impact of an unfavorable decision. Adverse decision affirmed. CASE NO: 15-01689.a1


Financial

12/08/2016

Applicant did not mitigate the financial considerations. Eligibility for access to classified information is denied. CASE NO: 12-05856.h1


Foreign Influence; Foreign Preference

12/07/2016

22 year old Applicant has a father who is a citizen of the United States and mother who is a citizen of Japan. In 2007, Applicant applied for and received a Japanese passport. Applicant also has some relatives who are Japanese citizens and residents. Applicant's Japanese passport was applied for by his parents when he was approximately 13 years of age, to be used on one occasion, and has since been destroyed; Applicant's father is a retired United States Marine; Applicant has been raised as a United States citizen, and has consistently shown his loyalty to the United States. Mitigation has been shown. Clearance is granted. CASE NO: 15-07274.h1


Financial

12/07/2016

Applicant mitigated the concerns raised under the financial considerations guideline. Clearance is granted. CASE NO: 15-04552.h1


Financial

12/07/2016

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 15-04488.h1


Financial

12/07/2016

Applicant's husband at the time lost his full-time and part-time jobs in a short period. Their ensuing financial problems contributed to their separation in 2014 and divorce this year. Applicant had surgeries in 2014 and 2015, and she and was out of work on disability. Her ex-husband does not pay his court-ordered child support. Despite her difficulties, Applicant paid, settled, made payment plans for, or otherwise resolved most of the debts alleged in the Statement of Reasons. Clearance is granted. CASE NO: 15-04358.h1


Financial; Criminal Conduct

12/07/2016

Security concerns raised by Applicant's arrests between 2008 and 2012 are mitigated by the passage of time without recurrence and by Applicant's change of personal and professional circumstances. Additionally, the record evidence as a whole shows Applicant's financial problems are no longer a security concern. Applicant's request for a security clearance is granted. CASE NO: 15-04046.h1


Financial

12/07/2016

Applicant has had a history of overdue debts, and no evidence was introduced to show that the debts listed on the SOR have been resolved or reduced. Mitigation has not been shown. Access to a sensitive position is denied. CASE NO: 15-03787.h1


Financial

12/07/2016

Applicant accumulated numerous delinquent debts over a number of years. While he has addressed a few of the smaller debts, he has not addressed his remaining debts, which remain outstanding. More time is needed to pay or otherwise resolve his remaining debts. Financial concerns were not mitigated. Clearance is denied. CASE NO: 15-02770.h1


Financial

12/07/2016

Applicant's evidence is insufficient to show that he has a track record of financial responsibility, and that his financial problems are under control. He failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-02740.h1


Financial

12/07/2016

Applicant's financial problems began in 2004 and continue to the present. He failed to present sufficient evidence to mitigate the financial trustworthiness concerns. His eligibility for a public trust position is denied. CASE NO: 15-02304.h1


Financial

12/07/2016

Applicant has significant overdue debts, and no evidence was introduced to establish that any of the debts has been resolved or reduced. Nor was any evidence introduced to establish that Applicant's current financial status is stable and that she is able to resolve her past debts or stay current with her recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 15-02166.h1


Financial

12/07/2016

Applicant has had a history of overdue debts, and no evidence was introduced to show that the debts listed on the SOR have been resolved or significantly reduced. Mitigation has not been shown. Access to a sensitive position is denied. CASE NO: 15-01464.h1


Financial

12/07/2016

Applicant did not mitigate the concerns raised under the financial considerations guideline. Clearance is denied. CASE NO: 15-01309.h1


Financial

12/07/2016

Applicant's business failed because of circumstances beyond his control. He resolved his debts. He acted responsibly under the circumstances. His past financial problems do not create doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 14-03602.h1


Guideline F

12/07/2016

Applicant failed to rebut the presumption that the Judge considered all of the evidence in the record, nor has he shown that the Judge mis-weighed the evidence. CASE NO: 14-03301.a1


Guideline G; Guideline E

12/07/2016

In evaluating an applicant's case, a Judge must carefully consider the record as a whole. This includes not only considering the extent to which an applicant's circumstances raise concerns about his or her reliability but also giving fair consideration of the applicant's mitigating evidence. We find no reason to conclude that the Judge failed in this regard. CASE NO: 12-09900.a1


Financial

12/06/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. CASE NO: 15-06911.h1


Financial

12/06/2016

Applicant mitigated the concerns raised under the financial considerations guideline. Clearance is granted. CASE NO: 15-05353.h1


Financial

12/06/2016

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 15-04332.h1


Financial

12/06/2016

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 15-03181.h1


Financial

12/06/2016

Applicant's evidence is insufficient to mitigate the financial considerations concerns raised by his eight delinquent debts totaling $57,402, and his failure to timely file his tax returns. He failed to establish a track record of financial responsibility. Access to classified information is denied. CASE NO: 15-02808.h1


Financial

12/06/2016

Applicant presented sufficient evidence to mitigate the security concerns raised by his financial circumstances. Clearance is granted. CASE NO: 15-01764.h1


Financial

12/05/2016

Applicant's wife became sick and incurred substantial medical bills. She also lost her job. Applicant's first and second mortgage loans became delinquent, and his house was eventually lost to foreclosure in about 2015. There is no evidence that the creditors are seeking any deficiencies owed on the loans. Applicant's current finances are sound. Clearance is granted. CASE NO: 15-08045.h1


Foreign Preference, Foreign Influence

12/05/2016

Applicant immigrated to the United States from Pakistan at the age of 10. As a teen, he applied for and received a Pakistan identity card to economize on an upcoming trip to visit his ailing grandfather in that country. He has since relinquished that card to his security officer. Applicant's mother and three of his siblings are dual United States-Pakistan citizens who reside in the United States and cohabitate with Applicant. There is no evidence they plan to return to Pakistan to live or have a superior allegiance with that nation. Applicant's uncle in Pakistan is in the process of immigrating to the United States. None of these kin have notable tethers to terrorism or a foreign government. Applicant's life and aspirations are firmly in the United States. I find that Foreign Preference and Foreign Influence security concerns are mitigated. Clearance is granted. CASE NO: 15-07927.h1


Financial

12/05/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by resolving all of his debts. Clearance is granted. CASE NO: 15-05838.h1


Financial

12/05/2016

Applicant has mitigated the security concerns raised by her two Chapter 13 bankruptcies. Clearance is granted. CASE NO: 15-04546.h1


Financial

12/05/2016

Applicant did not file or pay his federal and state income taxes as required for the tax years 2007 through 2012. In 2013, he filed all of his past-due returns and has filed his returns as required since then. He entered into federal and state repayment plans in 2014. The state debt is nearly satisfied. Applicant also incurred significant delinquent or past-due commercial debt after he and his wife separated in 2015. His recent decision to file for Chapter 13 bankruptcy protection was prudent under the circumstances. Applicant's request for a security clearance is granted. CASE NO: 15-04282.h1


Financial; Personal Conduct

12/05/2016

Applicant refuted the allegations that he intentionally falsified his security clearance application, but he did not mitigate the security concerns raised by his delinquent debts. CASE NO: 15-03650.h1


Financial

12/05/2016

Applicant mitigated the security concerns raised by his two delinquent debts, which were largely caused by his receiving orders to a overseas military assignment, by settling his vehicle loan before the SOR was issued, and by the lender foregoing collection of the deficiency amount on his home foreclosure. Clearance granted. CASE NO: 15-02732.h1


Criminal or Dishonest Conduct

12/05/2016

Applicant refuted Common Access Card (CAC) credentialing concerns raised under the criminal or dishonest conduct supplemental adjudicative standards. CAC eligibility is granted. CASE NO: 15-02333.h2


Financial

12/05/2016

Applicant had 11 collection accounts that totaled more than $28,000. Applicant has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 14-04567.h1


Financial

12/02/2016

Applicant is 58 years old and employed as a Principal Multi-Discipline Engineer by a defense contractor. Applicant's history of financial indebtedness caused by his real estate investments, his ignorance of the IRS laws, and the downturn in the real estate market resulted in a foreclosure, a short sale, excessive unpaid Federal taxes, tax liens and money owed to a creditor for an equity line of credit. Although he has tried to resolve his debts by obtaining a hard money loan, he remains excessively indebted. Simply shuffling money from one creditor to another is insufficient to show mitigation. Clearance is denied. CASE NO: 15-06284.h1


Foreign Influence

12/02/2016

Applicant failed to mitigate the security concerns related to his personal and financial connections to India. Eligibility for access to classified information is denied. CASE NO: 15-05497.h1


Financial

12/02/2016

Applicant has a long history of financial problems that began in 2006. He failed to rebut or mitigate the trustworthiness concerns raised under Guideline F, financial considerations. His eligibility for a public trust position is denied. CASE NO: 15-04492.h1


Alcohol

12/02/2016

Applicant exhibited extremely poor judgment when he drove on three occasions after drinking alcohol. However, the last incident was more than six years ago, and Applicant no longer drinks alcohol. I am satisfied that he has learned his lesson, and the conduct will not be repeated. Clearance is granted. CASE NO: 15-03976.h1


Financial

12/02/2016

Applicant has a long history of financial problems that began before 2006, and includes unpaid Federal and state taxes and delinquent mortgages. She failed to rebut or mitigate the trustworthiness concerns raised under Guideline F, Financial Considerations. Her eligibility for a public trust position is denied. CASE NO: 15-03166.h1


Financial

12/02/2016

Applicant's evidence is insufficient to show that she has a track record of financial responsibility and that her financial problems are under control. She failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-03057.h1


Financial

12/02/2016

Applicant accumulated delinquent debts attributable to her prioritizing her mortgage payments over her consumer and utility debts during a down real estate market. She has since addressed her debt delinquencies with payoffs and payment plans and mitigates the Government's financial concerns. Clearance is granted. CASE NO: 15-02497.h1


Financial

12/02/2016

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 15-01627.h1


Criminal or Dishonest Conduct

12/02/2016

Applicant refuted Common Access Card (CAC) credentialing concerns raised under the criminal or dishonest conduct supplemental adjudicative standards. CAC eligibility is granted. CASE NO: 15-00895.h2


Financial

12/02/2016

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-00869.h1


Financial; Drug Involvement

12/02/2016

Because Applicant did not know his son's whereabouts for several years, he did not know that the student loans, of which he was jointly liable as cosigner, were delinquent. Upon discovering the delinquencies, he contacted the creditors and began resolving them. Currently, neither debt is in delinquent status. Applicant mitigated the financial considerations security concern. Given the infrequency and surrounding circumstances of Applicant's one-time marijuana use, I conclude that he has mitigated the drug involvement security concern. Clearance is granted. CASE NO: 15-00751.h1


Financial

12/02/2016

Applicant failed to mitigate the security concerns raised by his $144,000 in delinquent debts, which were largely caused by his failure to adjust his spending habits after his wife's 2001 death, and which have been addressed, if at all, largely by waiting out his creditors and only entering repayment plans when the creditors brought suit to collect the debts. Clearance denied. CASE NO: 14-06050.h1


Foreign Influence; Personal Conduct

12/02/2016

An unacceptable risk of foreign influence exists because Applicant's father is a citizen of Taiwan, who spent most of his career working for Taiwan's government in an office that promotes the interests of the country abroad. Applicant has not shown that she can be counted to act fully in the U.S. interests. Personal conduct security concerns are established because she was not fully candid on her April 2013 security clearance application about her previous background investigation and clearance denial. Clearance is denied. CASE NO: 13-00502.h1


Financial

12/01/2016

Applicant's husband passed away in 2008, and she lost her job in 2009. She paid, settled, made payment plans for, or otherwise resolved most of the debts that resulted from those circumstances. Clearance is granted. CASE NO: 15-08785.h1


Personal Conduct; Foreign Influence

12/01/2016

Applicant mitigated foreign influence security concerns raised by his foreign connections and contacts, principally consisting of foreign relatives residing in Hong Kong. However, he did not mitigate security concerns raised by his marijuana use while holding a security clearance and his dishonesty about his past drug use during the security clearance process. Clearance is denied. CASE NO: 15-03438.h1


Financial

12/01/2016

Applicant's statement of reasons (SOR) includes 15 allegations of delinquent debts totaling $17,653. While circumstances beyond her control damaged her finances, she did not show enough progress paying or resolving her delinquent debts to mitigate financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-03411.h1


Drug Involvement

12/01/2016

Applicant mitigated the drug involvement security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01865.h1


Financial

12/01/2016

Applicant is a 46-year-old employee who is seeking to retain a security clearance. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his involvement in a July 2009 incident of child sexual abuse of his then 14-year-old daughter. Eligibility is denied. CASE NO: 12-09634.h1


Financial; Personal Conduct

11/30/2016

Applicant mitigated the security concerns. He has taken steps to pay, dispute, or resolve his delinquent debts. He experienced circumstances beyond his control. He provided sufficient documentation to mitigate the financial concerns. Personal conduct allegations were withdrawn. Eligibility for a security clearance is granted. CASE NO: 15-03739.h1


Drug Involvement; Personal Conduct

11/30/2016

Applicant's history of marijuana abuse commenced in 2004 and occurred periodically over a decade, interspersed with several periods of abstinence. When Applicant completed his Electronic Questionnaire for Investigations Processing in 2012, he explained that he did not plan to use marijuana in the future for several identified reasons: (1) it is against his religious beliefs; (2) such use is illegal, and he did not want to get arrested; and (3) because he wants to have a long career and will not jeopardize his opportunity. The security concerns over his self-described marijuana abuse were apparently mitigated by his stated future intentions, and in November 2012, Applicant was granted a top secret security clearance. Those expressed future intentions lasted until March 2014, when he was about 29 years old and tested positive for marijuana. While Applicant has purportedly been abstinent from March 2014 until the date the record closed in July 2016 – a period of 28 months, he had also previously abstained or equal or longer periods. Applicant's abstinence since March 2014 is viewed favorably, and he is encouraged to continue it. However, Applicant has not furnished a reasonable basis for ignoring his fiduciary responsibilities of holding a security clearance and again turning to marijuana to address a period of stress. Such use may recur, and the uncertainty continues to cast doubt on Applicant's reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 15-02054.h1


Financial

11/30/2016

Applicant mitigated the financial considerations security concerns caused by his delinquent debt. Clearance is granted. CASE NO: 15-01995.h1


Foreign Influence

11/30/2016

Applicant was born, raised, and educated in the People's Republic of China (China). In 1995, when Applicant was 33 years old, she entered the United States. She became a naturalized U.S. citizen in 2009. She has frequent contact with her mother and sister, who are citizens and residents of China, and visits them almost every year. Foreign influence security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-01822.h1


Foreign Influence; Foreign Preference

11/30/2016

Applicant was born in Colombia, came to the United States to complete her education in 2005, and became a United States citizen in February 2014. She has close and continuous contact with her parents and brother who are citizens and residents of Colombia. She has a current Colombian passport and has not taken steps to renounce her Colombian citizenship. Applicant has not mitigated security concerns based on foreign influence and foreign preference. Eligibility for access to classified information is denied. CASE NO: 15-01024.h1


Foreign Influence

11/30/2016

Applicant was born in the People's Republic of China (China). In 2006, when she was 22 years old, she entered the United States and became a naturalized U.S. citizen in 2012. She has frequent contact with her parents, who are citizens and residents of China. She visited her parents or they visited her eight times from 2009 to 2016. Her parents are aware that she works at a sensitive military installation. Foreign influence security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-00528.h1


Financial

11/30/2016

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 14-06536.h1


Personal Conduct; Drugs

11/29/2016

Applicant used illegal drugs while holding a security clearance. More time without illegal drug use is necessary to fully mitigate drug involvement security concerns. Personal conduct security concerns are mitigated. Eligibility for access to classified information is denied. CASE NO: 15-07686.h1


Drug Involvement

11/29/2016

Applicant is 53 years old and employed as a Mission Assurance Engineer by a defense contractor. His history of marijuana use from 2009 to 2014, while holding a security clearance, has not been mitigated. Clearance is denied. CASE NO: 15-07444.h1


Financial

11/29/2016

Applicant is 53 years old and employed as a Destruction Material Worker by a defense contractor. Applicant's history of financial indebtedness caused by irresponsible spending, bad financial decisions and circumstances beyond his control has been mitigated. Clearance is granted. CASE NO: 15-06767.h1


Financial

11/29/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-04833.h1


Alcohol; Criminal Conduct

11/29/2016

In 2008 and 2012, Applicant was arrested for driving under the influence of alcohol. He attended alcohol-related classes, and he currently drinks alcohol responsibly. There was no diagnosis of alcohol abuse or dependence. He committed to not driving after consuming alcohol. Alcohol consumption and criminal conduct security concerns are mitigated. Access to classified information is granted. CASE NO: 15-04720.h1


Foreign Influence

11/29/2016

Applicant mitigated the foreign influence security concerns under Guideline B. Clearance is granted. CASE NO: 15-04706.h1


Foreign Preference; Foreign Influence

11/29/2016

Applicant mitigated the foreign preference security concerns, but failed to mitigate the foreign influence security concerns generated by her family members and friends who are citizens and relatives of the People's Republic of China (PRC). Clearance is denied. CASE NO: 15-04493.h1


Financial

11/29/2016

Applicant is alleged to be delinquent on 12 debts, in a total exceeding $56,000. Applicant resolved six debts, but failed to introduce documentation to show the remaining six delinquencies are being addressed or have been resolved. Eligibility for access to classified information is denied. CASE NO: 15-04113.h1


Foreign Influence

11/29/2016

Applicant has substantial connections to the United States, having lived in the United States for nearly two decades. His wife, two children, five siblings, and extended family members are either U.S. citizens or permanent legal residents in the United States. Applicant's father, a naturalized U.S. citizen, temporarily resides in Afghanistan while he performs his duties with his organization, under the auspices of the U.S. Government. Applicant's widowed mother-in-law, an Afghan citizen residing in Pakistan, is not a political activist, challenging the policies of the Afghan or Pakistani governments. Terrorists have never approached or threatened her for any reason. The Afghan government, Pakistani government, al-Qaida, or the Taliban have never approached her. She does not engage in activities that would bring attention to herself. As such, there is a reduced possibility that she would be a target for coercion or exploitation. Applicant's loyalty to the United States is steadfast and undivided, and he has such deep and longstanding relationships and loyalties in the U.S., that he can be expected to resolve any conflict of interest in favor of the U.S. interest. Under these circumstances, the potential heightened risk created by the locations of his father and mother-in-law is greatly diminished. Eligibility for a security clearance is granted. CASE NO: 15-03910.h1


Alcohol Consumption; Criminal

11/29/2016

Applicant mitigated the security concerns generated by his history of alcohol abuse and alcohol-related arrests. Clearance is granted. CASE NO: 15-02206.h1


Personal Conduct

11/29/2016

Applicant refuted the personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 12-08724.h1


Financial

11/28/2016

Applicant is alleged to be delinquent on eight debts, in a total exceeding $21,600. He resolved three of his debts, totaling $12,388. Applicant failed to introduce documentation to show his remaining five delinquencies have been resolved. Eligibility for access to classified information is denied. CASE NO: 15-07857.h1


Personal Conduct

11/28/2016

In 2014, Applicant self-reported his prior marijuana use while in college (five times in 2008), and in November 2013, when he used marijuana once while holding a public trust position. As of the date of his hearing, Applicant had not used marijuana for 32 months. He provided a signed statement of intent not to use illegal drugs with automatic revocation of clearance for any violation. He mitigated personal conduct security concerns.a Eligibility for access to classified information is granted. CASE NO: 15-04938.h1


Financial

11/28/2016

Applicant has not mitigated the security concerns raised by her delinquent debts. CASE NO: 15-01827.h1


Financial

11/28/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 14-06105.h1


Financial

11/28/2016

Applicant has not mitigated the security concerns raised by his delinquent debts and falsification of his security clearance application. Clearance is denied. CASE NO: 14-03046.h1


Financial

11/25/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond his control. He submitted evidence demonstrating that he responsibly addressed his financial situation by satisfying or paying his past-due debts. Although Applicant's financial situation is not perfect, he is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 15-02213.h1


Financial

11/25/2016

Applicant seeks a trustworthiness decision. He has 10 delinquent debts totaling $12,163. He resolved some debts by disputing them, two by installment payment arrangements, and two he has not resolved. He also has not filed his Federal income tax returns. Eligibility for a public trust position is not established. Eligibility for access to sensitive information is denied. CASE NO: 14-04983.h1


Financial

11/23/2016

Applicant works for a defense contractor. She has nine delinquent debts listed in the SOR. They total about $139,480. She resolved her debts. Eligibility for a clearance is granted. CASE NO: 15-07871.h1


Financial

11/23/2016

Applicant did not make sufficient progress resolving the debts alleged in his statement of reasons (SOR). He did not present any evidence of any payments to his SOR creditors. He did not provide any correspondence from or to creditors showing settlement offers or attempts to negotiate payment plans. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-02887.h1


Guideline F

11/23/2016

Applicant argues that the Judge did not consider all of the evidence in the record, citing to his having held a clearance for years, his reputation, and the reasons for his financial problems. The Judge made extensive findings, which included matters favorable to Applicant, and he discussed this evidence in his analysis. The Judge's findings and analysis were consistent with the record that was before him. Applicant has not rebutted the presumption that the Judge considered the entirety of the evidence, nor has he shown that the Judge failed properly to weigh the evidence. Adverse decision affirmed. CASE NO: 15-02477.a1


Financial

11/23/2016

Applicant's statement of reasons alleges seven delinquent debts and a dismissed Chapter 13 bankruptcy. She did not provide sufficient mitigating information about her approximately $100,000 debt resulting from her repossessed recreational vehicle and the status of her timeshare. With a monthly income of $11,000, she and her husband had sufficient financial resources to establish payment plans for these two debts. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-01416.h1


Financial

11/23/2016

Applicant failed to timely file federal and state income tax returns for six consecutive years and acquired an undetermined debt to the IRS and his state. He failed to show financial responsibility. His evidence is insufficient to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-01357.h1


Information Technology; Security Violations

11/23/2016

Applicant committed 19 security infractions between 1997 and 2012. However, since September 2012, he has been properly medicated for Attention Deficit Disorder (ADD) and has not had another violation. He demonstrated a positive attitude toward his security obligations. Future infractions are unlikely. Security concerns under Guideline M and K were mitigated. Eligibility for access to classified information is granted. CASE NO: 15-01205.h1


Guidelline H; Guideline E

11/23/2016

Applicant contends that the Judge did not consider his evidence about the effect of PTSD on his omissions. He claims that he had established a nexus between that diagnosis and his security-significant conduct. Applicant's argument is not sufficient to rebut the presumption that the Judge considered all of the evidence in the record, nor is it enough to show that the Judge mis-weighed the evidence. Failure to provide truthful answers during the security clearance process "will normally result in an unfavorable clearance action[.]" Directive, Enclosure 2 ¶ 15(b). Adverse decision affirmed. CASE NO: 15-00977.a1


Guideline F; Guideline E

11/23/2016

The Judge's decision focused to a large extent on evidence that his taxes remained delinquent for several years and were not addressed until Applicant received the SOR. As we have noted previously, timing of debt payments is relevant in evaluating an applicant's case for mitigation. It also focused on established precedent about the adverse significance of an applicant's failure to file and pay his taxes. As we have noted previously, a person who fails repeatedly to fulfill his or her legal obligations does not demonstrate the high degree of good judgment and reliability required of those granted access to classified information. Adverse decision affirmed. CASE NO: 14-06808.a1


Personal Conduct

11/23/2016

Applicant has not mitigated the trustworthiness concerns raised by his falsification of his application for a public trust position. CASE NO: 14-03261.h1


Personal Conduct; Financial

11/22/2016

Applicant's finances were adversely affected by circumstances beyond his control. He has established a track record of debt payment and resolution. He understands that he is required to demonstrate financial responsibility to be eligible for a clearance. Financial considerations security concerns are mitigated. He also mitigated the personal conduct security concerns. Access to classified information is granted. CASE NO: 16-00637.h1


Foreign Influence

11/22/2016

Applicant mitigated security concerns raised by his foreign connections and contacts in Turkey. Clearance is granted. CASE NO: 15-06913.h1


Financial

11/22/2016

Applicant incurred delinquent debt starting in 2007 when she was in school using credit cards and was not aware of the financial issues she was creating for herself. She did not present documents to verify her assertions of her efforts to resolve the delinquent debts. She has not mitigated financial security concerns. Eligibility for access to classified information is denied. CASE NO: 15-06908.h1


Financial

11/21/2016

Applicant did not make sufficient progress addressing her delinquent tax debts. She has owed delinquent federal income taxes since 2005. Financial considerations trustworthiness concerns are not mitigated. Eligibility for a public trust position is denied. CASE NO: 15-06452.h1


Financial

11/22/2016

Applicant is a 43-year-old employee who is seeking to retain a security clearance. He presented sufficient documentary evidence to establish that he is making a good-faith effort to repay delinquent student loans. The situation is being resolved, albeit slowly, and is under control. Eligibility is granted. CASE NO: 15-04342.h1


Guideline F

11/22/2016

Applicant points to evidence that he has resolved most of the SOR debts, including a tax lien. He argues that he "has taken substantial steps to resolve" his remaining tax debts. Applicant's argument is not enough to rebut the presumption that the Judge failed to consider all of the evidence in the record or to show that he mis-weighed the evidence. Applicant has cited to Hearing Office cases that, he contends, support his effort to obtain a clearance. We give these cases due consideration. However, Hearing Office cases are not binding on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. Case Number: 15-04096.a1


Financial

11/22/2016

Applicant mitigated the financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-03580.h1


Financial

11/22/2016

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 15-02931.h1


Guideline H; GuidelineJ; Guideline E

11/22/2016

Applicant challenges the Judge's determination that his testimony about unknowing ingestion lacked credibility. We are required to give deference to a Judge's credibility determination. The Judge's conclusion was founded upon a lack of corroboration and upon the apparent recency of Applicant's claim. We note that Applicant does not deny the accuracy of the drug test at issue here, implicitly conceding the presence of marijuana in his system. We find no reason to reject the Judge's credibility determination. Adverse decision affirmed. Case Number: 15-02854.a1


Financial

11/22/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which was primarily attributable to matters beyond her control. She submitted evidence demonstrating that she responsibly addressed her financial situation by satisfying or paying her past-due debts. Although Applicant's financial situation is not perfect, she is currently managing her finances within her means in a responsible manner. Clearance is granted. CASE NO: 15-02826.h1


Financial

11/22/2016

Applicant mitigated the financial security concerns guideline. She provided evidence that she has addressed or resolved the delinquent debts. She also provided information concerning non-SOR debts. Eligibility for a security clearance is granted. CASE NO: 15-02787.h1


Foreign Preference

11/22/2016

Applicant, who was born, raised and lived her entire life in the United States, mitigated the foreign preference security concerns raised by her exercise of foreign citizenship. Specifically, Applicant exercised her Nigerian citizenship, which she derived through her parents who were originally from Nigeria, by renewing and using a Nigerian passport that she first obtained as a teenager at her parents' direction in order to travel to Nigeria for a wedding and to meet her extended family in Nigeria. Applicant surrendered her foreign passport to her facility security officer and refuted concerns that her preferences lie with Nigeria or any other foreign country. Clearance is granted. CASE NO: 15-02774.h1


Financial

11/22/2016

Applicant incurred delinquent debt starting in 2008 and 2009 when she, her husband, and her son had medical bills not covered by insurance. Applicant established that she has a plan to pay her delinquent debts and has taken significant action to implement that plan. She paid or is paying most of her debts. Applicant mitigated financial trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 15-02605.h1


Financial

11/22/2016

Applicant has not established a sufficient track record of debt resolution or financial responsibility since his May 2014 Chapter 7 bankruptcy discharge. Eligibility for access to classified information is denied. CASE NO: 15-02040.h1


Drugs

11/22/2016

Applicant mitigated security concerns raised by her past marijuana use and met her heavy burden of persuasion for continued access to classified information. Over six years have passed since Applicant last used marijuana. In the intervening years, she has matured immensely, both personally and professionally, and established a track record of responsible behavior, leading to conclusion that her past conduct is unlikely to be repeated. Clearance is granted. CASE NO: 15-00676.h1


Criminal; Personal Conduct

11/22/2016

Applicant failed to mitigate criminal conduct and personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00239.h1


Personal Conduct

11/22/2016

Applicant was terminated from a defense-related job because of gross misconduct. He subsequently lied about the reasons for his dismissal during an interview with a Government investigator. Insufficient mitigation was shown. Clearance is denied. CASE NO: 14-06870.h1


Alcohol; Personal Conduct

11/22/2016

Applicant has a lengthy history of alcohol consumption, and at times the magnitude of his alcohol consumption was excessive. He abstained from alcohol consumption for 4½ years and he promised to continue to abstain from alcohol consumption. Applicant made four security-related false statements from May 24, 2012, to July 28, 2015, about his history of alcohol consumption. Alcohol consumption security concerns are mitigated; however, personal conduct security concerns are not mitigated. Access to classified information is denied. CASE NO: 14-06771.h1


Guideline F

11/22/2016

Applicant's brief contains no assertion of harmful error. It consists, in large part, of a compilation of matters from outside the record, including documents that post-date the Judge's decision. We cannot consider new evidence on appeal. Our scope of review is limited to cases in which the appealing party has alleged that the Judge committed harmful error. Adverse decision affirmed. Case Number: 14-05094.a1


Foreign Influence

11/22/2016

Applicant mitigated the concerns raised under foreign influence. Clearance is granted. CASE NO: 14-04968.h1


Financial

11/22/2016

Applicant defaulted on a couple of his credit card accounts during a marital breakup. The high costs of his divorce and other expenses compromised his finances for several years, but he also did not give priority to addressing his collection accounts when his income stabilized. His handling of his finances continues to engender security concern. Clearance is denied. CASE NO: 14-04435.h1


Financial

11/21/2016

Applicant mitigated the concerns raised under financial considerations. Clearance is granted. CASE NO: 15-05066.h1


Financial

11/21/2016

Applicant has filed all of the alleged, delinquent federal and state income tax returns. He is current with the state taxing authority, and has a payment plan set up with the IRS. Clearance is granted. CASE NO: 15-03208.h1


Financial

11/21/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-02947.h1


Foreign Influence

11/21/2016

Applicant was born in the United States and educated through the bachelor's degree level in the United States. From 2003 to 2010, he lived in China and received a master's degree. After leaving China, his connections to China have been very limited, and he has not had contact with anyone who is a citizen and resident of China since 2010. Foreign influence security concerns are mitigated. Access to classified information is granted. CASE NO: 12-04461.h1


Foreign Influence

11/18/2016

Applicant has significant familial ties to Afghanistan. He failed to mitigate the security concerns under Guideline B, foreign influence. Clearance is denied. CASE NO: 15-08842.h1


Financial

11/18/2016

Applicant has numerous delinquent debts that he began to incur in 2009 that are unresolved. He failed to timely file his 2015 Federal income tax return and failed to pay the taxes owed. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-07921.h1


Sexual Behavior; Foreign Influence; Criminal Conduct; Personal Conduct

11/18/2016

Applicant's evidence is insufficient to mitigate the sexual behavior, criminal conduct, and personal conduct security concerns. He mitigated the foreign influence security concerns. Clearance is denied. CASE NO: 15-07170.h1


Alcohol; Criminal Conduct; Personal Conduct

11/18/2016

Applicant engaged in a series of alcohol-related criminal violations from 1995 to 2012. The evidence is insufficient to mitigate the alcohol and criminal conduct security concerns. He mitigated the personal conduct security concerns related to omissions on his August 2012 security clearance application. Based upon a review of the pleadings, testimony, and exhibits, eligibility for access to classified information is denied. CASE NO: 15-06868.h1


Financial

11/18/2016

Applicant has not mitigated the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-05231.h1


Financial

11/18/2016

Applicant has not established a sufficient reliable track record of financial stability. Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 15-03892.h1


Financial

11/18/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02441.h1


Guideline F

11/18/2016

Applicant contends that the Judge did not consider evidence of his efforts to resolve his tax liens. He states that he has resolved all of his debts except for those two liens and cites to evidence that he has retained a tax firm to assist him. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. The Judge stated that Applicant did not provide information to corroborate his claim that these liens had been discharged. This comment is consistent with the record that was before him. A person who fails to fulfill his or her legal obligations, such as paying taxes, does not demonstrate the high degree of good judgment and reliability required of those granted access to classified information. Adverse decision affirmed. CASE NO: 15-02329.a1


Financial

11/18/2016

Applicant defaulted on three mortgage loans, failing to make more than $212,000 in agreed payments, and incurred more than $9,700 in delinquent consumer debt over the past seven years despite continuous employment. He demonstrated neither sufficient explanation for these debts, nor changes to avoid recurring financial problems. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-01737.h1


Guideline F

11/18/2016

Applicant states that the Judge gave her time after the hearing to submit documents corroborating her testimony about debt resolution and that she provided the documents, thereby doing what the Judge asked of her. She believes that it was improper for the Judge to have denied her a trustworthiness designation. A Judge has no authority to promise an applicant a favorable result or to advise an applicant on the quantum of evidence that would mitigate the concerns in his or her case. The Judge did give Applicant additional time to submit evidence. However, she said nothing that would have led a reasonable person to believe that submitting such evidence would necessarily result in a favorable decision. Adverse decision affirmed. CASE NO: 15-01017.a1


Guideline B

11/18/2016

In evaluating an applicant's case, a Judge must consider the evidence as a totality. Applicant is married to a Ukranian citizen. His wife is an employee of a company that is seeking a facility clearance. He has ties of affection to his in-laws in Ukraine. Ukraine is a country destabilized by Russian intervention. The Judge's conclusion that Applicant's circumstances raise concerns under Guideline B is sustainable. Adverse decision affirmed. CASE NO: 14-06653.a1


Guideline F

11/18/2016

Applicant's brief cites to evidence about the effect that Hurricane Katrina had on his finances and about his efforts at debt resolution. He argues that the Judge did not properly employ the whole-person concept. The Judge made findings about Applicant's circumstances, including the hurricane. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record, nor has he shown that the Judge mis-weighed the evidence. The Judge's whole-person analysis complies with the requirements of Directive, in that the Judge considered the totality of the evidence in reaching her decision. Adverse decision affirmed. CASE NO: 14-03964.a1


Financial

11/17/2016

Applicant incurred significant delinquent or past-due debt between 2009 and 2014. His debts remain unresolved and he did not present information sufficient to mitigate the resulting security concerns about his finances. Applicant's request for a security clearance is denied. CASE NO: 15-04472.h1


Financial

11/17/2016

Applicant's financial problems initially occurred when she graduated from college and moved away from a "detrimental home life" and failed to share her mailing address or phone number with any of her creditors. Unemployment and part-time employment exacerbated her financial difficulties. Upon obtaining a permanent job in January 2014 and improving her financial situation, she contacted most of her creditors and set up repayment arrangements, well before the SOR was issued. Student loans were rehabilitated and either brought current or paid off. Other accounts, including credit cards and medical accounts, were also resolved. To the extent that there may be any remaining delinquencies, those accounts with relatively small balances are of little security significance. It appears that Applicant's financial status has improved significantly, and that her financial problems are under control. She acted prudently and responsibly. Applicant's actions, under the circumstances confronting her, no longer cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 15-03974.h1


Financial

11/17/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02883.h1


Financial; Personal Conduct

11/17/2016

Applicant has made a good-faith effort to address his student loans. He did not falsify his e-QIP as to his alleged debts, and as to a 13-year-old DUI. Clearance is granted. CASE NO: 15-02522.h1


11/17/2016

The Appeal Board cannot consider new evidence. Adverse information from a credit report can normally meet the Government's burden of production. There is a nexus between admitted or proved conduct under the Guidelines and an applicant's eligibility for a clearance. A Judge is presumed to have considered all of the evidence in the record. Disagreement with a Judge's weighing of the evidence is not enough to show that the Judge erred. Adverse decision affirmed. CASE NO: 15-02093.a1


Financial

11/17/2016

Applicant incurred delinquent debt starting in 2008 when he was unemployed for periods of time. He did not present documents to verify his assertions of his efforts to resolve the delinquent debts. He has not mitigated financial security concerns. Eligibility for access to classified information is denied. CASE NO: 14-05474.h1


Foreign Influence

11/17/2016

Applicant has two siblings who are citizens and residents of Lebanon that he sees infrequently but talks to by telephone monthly. His immediate family are citizens and residents of the United States. He has strong ties and connections to the United States. Applicant mitigated foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 14-02141.h1


Financial

11/16/2016

Applicant has delinquent debts that he intends to resolve through Chapter 7 bankruptcy. He failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-08592.h1


Financial

11/16/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-06792.h1


Financial

11/16/2016

Applicant's investment property lost most of its value in the real estate collapse. The holders of the first and second mortgage loans agreed to a short sale of the property in 2011. The holder of the first mortgage loan released Applicant from further liability; the holder of the second loan did not. She followed her attorney's advice and waited until the loan was barred from collection by the statute of limitations. The financial institution charged off the loan and took no steps to enforce the deficiency before it was barred from collection. Her finances are otherwise sound. Clearance is granted. CASE NO: 15-05841.h1


Drugs, Criminal Conduct

11/16/2016

Applicant used and purchased marijuana with varying frequency in the past. He has not used illegal drugs in more than two years. He does not intend to use any in the future. He mitigated the security concerns under Guideline H, drug involvement and Guideline J, criminal conduct. Clearance is granted. CASE NO: 15-05487.h1


Financial, Personal Conduct

11/16/2016

Applicant incurred delinquent debts, however her finances are now under control. Her failure to disclose these debts as required was unintentional. She has mitigated the Guidelines F and E concerns. Eligibility for access to classified information is granted. CASE NO: 15-03805.h1


Foreign Influence; Foreign Preference

11/16/2016

Applicant has not mitigated the security concerns under the above guidelines. He has no intention of relinquishing his Colombian passport and has divided loyalty between the United States and Colombia. He has significant contact with family member who are citizens and residents of Colombia. Eligibility for a security clearance is denied. CASE NO: 15-02648.h1


CAC

11/16/2016

We agree with Applicant that the Judge's analysis is insufficient. In a CAC adjudication, 'the overriding factor . . . is unacceptable risk The Supplemental Adjudicative Standards, which apply in this case, are designed to ensure that the issuance of a CAC does not pose such a risk. The guiding concern is that there must be "a reasonable basis to believe, based on the individual's criminal or dishonest conduct, that issuance of a CAC would pose an unacceptable risk." Adverse decision remanded. CASE NO: 15-02333.a1


Financial; Personal Conduct

11/16/2016

Applicant was alleged to be delinquent on 11 debts, in the total amount of $35,271. He filed for Chapter 13 bankruptcy in May 2009, but it was dismissed in June 2009. Applicant remains delinquent on eight of his eleven debts, in the total amount of approximately $7,531. Additional security concerns were raised by Applicant's misconduct while serving in the Marine Corps. Applicant failed to mitigate both the financial concerns and the personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 15-01027.h1


CAC

11/16/2016

In a CAC adjudication, "the overriding factor . . . is unacceptable risk.". The Supplemental Adjudicative Standards, which apply in this case, are designed to ensure that the issuance of a CAC does not pose such a risk. The Judge specifically found that, while Applicant did not act responsibly in handling her finances, her delinquent taxes created no indication of fraud. The gravamen of Paragraph 2 of the Supplemental Adjudicative Standards is criminal or dishonest conduct. As stated in Instruction, "financial debt should not in and of itself be cause for denial" of a CAC. To be a basis for a CAC denial, the financial irresponsibility should raise the questions or risks identified in that standard. In this case, the Judge erred by failing to explain how Applicant's delinquent taxes raised questions about her honesty or put people, property, or information systems at risk. As a result of this error, the Judge failed to consider an important aspect of the case and failed to articulate a satisfactory explanation for her conclusion. Adverse decision remanded. CASE NO: 15-00895.a1


Financial, Personal Conduct

11/16/2016

Applicant successfully mitigated personal conduct concerns that he falsified his January 2014 security clearance application by failing to list a 2009 $86,258 state tax lien. However, he was unable to mitigate financial considerations concerns as a result of this unresolved state lien that was validated as recently as 2015 and continues to draw interest and penalties. Clearance is denied. CASE NO: 15-00563.h1


Information Technology; Financial; Personal Conduct

11/16/2016

Applicant's statement of reasons alleges security concerns under Guidelines M (use of information technology systems), F (financial considerations), and E (personal conduct). Guideline M security concerns are mitigated; however, Guidelines F and E security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-04458.h1


Financial

11/16/2016

Applicant and his spouse became delinquent on their primary mortgage, on his home-equity loan, and one of Applicant's credit cards, which was charged off. They have reduced his past-due credit card balance, and their mortgage has been rated as current since mid-2013. Applicant failed to make the payments on his seriously delinquent home-equity loan after it was restructured in late May 2015. As of February 2016, his loan was 120 days past due. The financial considerations concerns are not fully mitigated. Clearance is denied. CASE NO: 14-02290.h1


Financial

11/15/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 16-00625.h1


Criminal Conduct; Drugs

11/15/2016

Applicant incurred multiple arrests on alcohol and drug-related charges between 2008 and 2011. He used marijuana on a regular basis between 2007 and February 2015 and was diagnosed with marijuana and alcohol dependence. Insufficient time has elapsed since his last drug-related arrest in 2011 and declared end of his use of last marijuana in 2015 to mitigate either his history of criminal conduct or his drug use. Clearance is denied. CASE NO: 15-08595.h1


Misconduct or Negligence in Employment; Criminal or Dishonest Conduct

11/15/2016

Applicant mitigated the Common Access Card (CAC) eligibility concerns raised under the Supplemental Adjudicative Standards for misconduct or negligence in employment and criminal or dishonest conduct. CAC eligibility is granted. CASE NO: 15-06225.h1.CAC


Financial; Personal Conduct

11/14/2016

Applicant mitigated security concerns raised under financial considerations and personal conduct. Clearance is granted. CASE NO: 15-03640.h1


Financial

11/14/2016

Applicant mitigated the security concerns under the financial considerations security guideline. He has resolved delinquent debts or is in a repayment plan. He has no new delinquent debts. Eligibility for a security clearance is granted. CASE NO: 15-03434.h1


Financial, Personal Conduct

11/14/2016

Applicant incurred more than $16,000 in delinquent debt over the past decade that remains unresolved. She also deliberately failed to disclose her felony conviction for Breach of Trust with Fraudulent Intent, Value Greater than $5,000 that resulted from her theft of about $15,000 from a former employer. She did not mitigate resulting trustworthiness concerns. Eligibility to occupy a public trust position is denied. CASE NO: 15-02858.h1


Financial

11/10/2016

Applicant incurred delinquent debt starting in 2007 when she was underemployed or unemployed and her husband also had medical issues affecting his employment. Applicant and her husband separated in 2013 and divorced in 2014. She co-signed for some loans and a mortgage, but denies responsibility for these debts. She did not present documents to show any effort to resolve the delinquent debts that she did acknowledge. She has not presented sufficient information of any efforts to absolve herself of responsibility for her debts or to resolve her acknowledged debts. She has not mitigated financial trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 15-03833.h1


Financial

11/10/2016

Applicant failed to mitigate the security concerns raised by his nearly $25,000 delinquent debt, none of which was being addressed. Clearance denied. CASE NO: 15-01670.h1


Financial

11/10/2016

Applicant's statement of reasons alleges 16 delinquent debts totaling $79,764. His financial problems were caused by underemployment, unemployment, and separation from his spouse. On September 18, 2015, Applicant filed for bankruptcy under Chapter 7 of the Bankruptcy Code, and on January 12, 2016, his nonpriority unsecured debts were discharged. He made sufficient progress resolving his delinquent debts, and financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 15-01199.h1


Financial

11/09/2016

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-04528.h1


Drugs; Personal Conduct

11/09/2016

Applicant's statement of reasons alleges and the record establishes that Applicant used marijuana twice in the previous ten years with his most recent marijuana use in April 2014 and once each year from 1986 to 1989. He self-reported his marijuana use. He provided a signed statement of intent not to use illegal drugs with automatic revocation of clearance for any violation. Drug involvement and personal conduct security concerns are mitigated. Access to classified information is granted. CASE NO: 15-04242.h1


Financial

11/09/2016

Applicant was a self-employed loan processor, and then a short sale negotiator – loss mitigation specialist for a company when the national economy plummeted and the banking and real estate sectors were negatively impacted. Her subsequent health issues, the loss of two jobs, periods of unemployment, and frequent relocations left her without the financial resources to maintain her accounts in a current status. However, rather than escaping her financial burdens by filing for bankruptcy, she chose not to ignore her delinquent debts. Instead, as she was becoming more financially able, she entered into repayment agreements with some of her creditors even before the SOR was issued. She paid off or otherwise resolved some SOR-related debts as well as some debts that were not alleged in the SOR. Applicant now has an annual salary of $60,008, whereas during 2010 her adjusted gross income was $1,643. She has now accounted for all of her delinquent debts, and they are all in her Snowball plan for resolution. Considering her current salary, and the probability for an increase, there are clear indications that Applicant's financial problems essentially are under control. Applicant's actions no longer cast doubt on her current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-04129.h1


Financial

11/09/2016

Applicant did not mitigate security concerns raised by his delinquent debts. He failed to show that he has taken sufficient steps to address his past-due debts and mitigate security concerns raised by his financial situation. Clearance is denied. CASE NO: 15-02835.h1


Financial

11/09/2016

Applicant has significant past-due debt that he has yet to address. Clearance is denied. CASE NO: 15-01813.h1


Financial

11/09/2016

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 14-06922.h1


Financial

11/09/2016

Applicant failed to mitigate the security concerns raised by his $285,000 delinquent mortgages and his $10,000 in delinquent consumer debt, which were only belatedly being addressed by Applicant. Clearance denied. CASE NO: 14-06892.h1


Foreign Influence

11/08/2016

Applicant is 34 years old and employed as a Software Engineer by a defense contractor. His frequent foreign contacts with Chinese nationals, namely his wife, who is a citizen of China, with no intention to become a United States citizen; and his in-laws who are citizens and residents of China, pose a potential security risk to the United States Government. Insufficient mitigation is shown. Clearance is denied. CASE NO: 15-07242.h1


Drug Involvement

11/08/2016

Applicant is 31 years old and employed as an Alternative Comstat Custodian by a defense contractor. His history of marijuana and cocaine use from 2003 to 2014; after having been granted a security clearance in 2010; has not been mitigated by sufficient evident of reform and rehabilitation. Clearance is denied. CASE NO: 15-06481.h1


Financial

11/08/2016

Applicant is 57 years old and employed as a Software Design Engineer by a defense contractor. His history of excessive indebtedness primarily caused by his second wife's spending habits; and the debts he incurred as a result of the divorce, have not been mitigated by sufficient evidence of reform and rehabilitation. Applicant remains excessively indebted. Clearance is denied. CASE NO: 15-06288.h1


Foreign Influence

11/08/2016

Applicant is 34 years old and employed as a welder, mechanic and pipe bracer by a defense contractor. His extended family in Mexico, including his in-laws, a sister-in law, and a sister, do not pose a security risk to the United States. Clearance is granted. CASE NO: 15-05454.h1


Criminal Conduct; Personal Conduct

11/08/2016

Applicant is 30 years old and employed as a Senior Electronics Technician by a defense contractor. His history of insurance fraud, resulting in a June 2014, conviction of Insurance Fraud Statement, a misdemeanor, has not been mitigated. Applicant remains on probation until 2017. Clearance is denied. CASE NO: 15-05313.h1


Guideline F; Guideline E

11/08/2016

The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. Applicant has not identified any harmful error likely to change the outcome of the case. Adverse decision affirmed. CASE NO: 15-05294.a1


Handling Protected Information

11/08/2016

Applicant is 50 years old and employed as a Systems Network Security Analyst by a defense contractor. His recent history of failing to properly secure a closed area; when he was the last person to leave the area; thus committing six security violations, in violation of NISPOM, Section 5-306, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 15-04340.h1


Financial

11/08/2016

Applicant's statement of reasons alleges six delinquent debts including a mortgage account. While circumstances beyond his control damaged his finances, he did not show enough documented progress paying his debts to mitigate financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-03227.h1


Guideline F

11/08/2016

Applicant contends that the Judge did not consider all of the evidence, including circumstances outside his control that affected his financial condition, his efforts at debt resolution, and his character reference. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record, nor has he shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-01094.a1


Financial; Drugs

11/08/2016

Applicant did not mitigate security concerns raised by his delinquent debts and illegal drug use. He failed to show that he has taken responsible action to address his past-due debts and that his past drug use is unlikely to recur. Clearance is denied. CASE NO: 14-06136.h1


Guideline F; Guideline E

11/08/2016

The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. Applicant has not identified any harmful error likely to change the outcome of the case. Adverse decision affirmed. CASE NO: 14-06127.a1


Criminal Conduct; Alcohol

11/07/2016

Applicant has mitigated the security concerns raised by his criminal conduct and alcohol consumption. Clearance is granted. CASE NO: 16-00307.h1


Financial

11/07/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-08845.h1


Financial

06/02/2016

Applicant presented sufficient evidence to mitigate security concerns raised by his past financial problems. Clearance is granted. CASE NO: 15-03352.h1


Financial

11/07/2016

Applicant did not mitigate the financial security concerns guideline. He did not provide any evidence or documentation that he has addressed his delinquent debts. He has provided information that one judgment is satisfied. Eligibility for a security clearance is denied. CASE NO: 15-02534.h1


Drugs; Criminal Conduct

11/07/2016

Applicant mitigated security concerns raised by his past drug involvement. After graduating from college over two years ago, he stopped using illegal drugs. He presented sufficient evidence, including a good employment and academic record, as well as personal and environmental changes, to conclude that it is unlikely he will be involved with illegal drugs in the future. His past conduct no longer raises concerns about his ability and willingness to follow rules and regulations regarding the proper handling of classified information. CASE NO: 15-02488.h1


Financial

11/07/2016

Applicant has not mitigated the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00300.h1


Guideline F

11/07/2016

A Judge should consider the circumstances underlying an applicant's financial problems for what they reveal about the applicant's judgment, self-control, etc. Adverse decision affirmed. CASE NO: 14-06744.a1


Guideline G; Guideline F; Guideline E

11/07/2016

Disagreement with a Judge's weighing of the evidence, or the ability to argue for a different interpretation of the evidence, is not sufficient to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Consistent with the following, we affirm. CASE NO: 14-05362.a1


Financial

11/04/2016

Applicant has significant overdue debts, and no independent evidence was introduced to show that any of the debts had been resolved or reduced. Also, no evidence was introduced to establish that Applicant's current financial status is stable and that he is able to resolve his past debts or stay current with his recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 15-04225.h1


Criminal Conduct; Alcohol; Personal Conduct; Drugs

11/04/2016

Applicant has a history of alcohol abuse that resulted in two arrests and convictions for Driving Under the Influence. He also falsified two Government questionnaires with regard to his drug use. Clearance is denied. CASE NO: 15-04045.h1


Financial

11/04/2016

Applicant has had a history of delinquent debts because Applicant's fiancee, who was tasked with paying the family bills, failed to do so, and Applicant only learned about the unpaid bills when she abandoned Applicant and his son. However, Applicant learned of the debts in 2002, he has been fully employed since then, and no independent evidence was introduced to establish that Applicant has paid off any of his overdue debts. Mitigation has not been shown. Clearance is denied. CASE NO: 15-03512.h1


Financial; Personal Conduct

11/04/2016

Applicant incurred significant delinquent or past-due debt due, in large measure, to a divorce and a long period of unemployment. Although he satisfied all but one of the eight civil judgments against him, numerous other debts remain unresolved. Applicant also has not filed his federal and state income tax returns for the past five tax years as required. Finally, Applicant deliberately omitted from his most recent security clearance application relevant adverse financial information in his background. He did not present information sufficient to mitigate the resulting security concerns about his finances and personal conduct. Applicant's request for a security clearance is denied. CASE NO: 15-03179.h1


Financial

11/04/2016

Applicant has mitigated the security concerns under the financial guideline. He has paid some debts and other debts are in a repayment plan. He filed for bankruptcy protection in 2005 as a result of a divorce. Eligibility for a security clearance is granted. CASE NO: 15-02418.h1


Financial

11/04/2016

Applicant's financial problems resulted from his failed business, which began struggling shortly after the Great Recession in 2008, and the breakdown of his marriage, which occurred shortly thereafter. Since then, he has organized his delinquent debts and made substantive progress toward satisfying them. Under these circumstances, Applicant has mitigated the financial considerations security concern. Clearance is granted. CASE NO: 15-01257.h1


Financial

11/04/2016

Applicant is a 43-year-old employee who requires a security clearance for her employment with a defense contractor. She did not present sufficient documentary evidence to establish that she is making a good-faith effort to repay or otherwise resolve more than $50,000 in delinquent student loans. Eligibility is denied. CASE NO: 15-01061.h1


Alcohol; Criminal Conduct

11/04/2016

Applicant failed to mitigate the alcohol consumption and criminal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00233.h1


Financial

11/04/2016

Applicant has significant overdue debts, and no independent evidence was introduced to show that any of the debts had been resolved or reduced. Applicant twice filed for bankruptcy, but both times the bankruptcies were dismissed without resolving the delinquent debts. Finally, no evidence was introduced to establish that Applicant's current financial status is stable and that he is able to resolve his past debts or stay current with his recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 14-06287.h1


Financial

11/03/2016

Applicant withheld payroll taxes from his employees' paychecks, but he did not pay the IRS and the state. The IRS and the state filed multiple tax liens against him. He estimated that he owes the IRS about $340,000 and the state about $150,000. Clearance is denied. CASE NO: 15-06046.h1


Criminal Conduct; Sexual Behavior; Personal Conduct

11/03/2016

Applicant engaged in sodomy with a 15-year-old child. He was charged with a felony, and he pleaded guilty to a misdemeanor-level offense. He is currently on probation. Personal conduct security concerns are mitigated; however, criminal conduct and sexual behavior security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-03915.h1


Financial

11/03/2016

Applicant has not mitigated the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-01734.h1


Criminal Conduct; Personal Conduct

11/03/2016

Applicant mitigated the criminal conduct and personal conduct security concerns which resulted from alcohol abuse. Eligibility for access to classified information is granted. CASE NO: 14-04047.h1


Financial

11/02/2016

Applicant has delinquent debts that began accumulating in 2008. All but three of her 30 delinquent accounts remain unaddressed. She failed to mitigate the trustworthiness concerns raised under Guideline F, Financial Considerations. Her eligibility for a public trust position is denied. CASE NO: 15-06457.h1


Financial

11/02/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-06454.h1


Financial

11/02/2016

Applicant failed to present sufficient evidence to mitigate the alleged financial trustworthiness concerns. Based upon a thorough review of the pleadings, and exhibits eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 15-02723.h1


Financial

11/02/2016

Applicant has failed to demonstrate that he has addressed much of his very significant past-due debt. Clearance is denied. CASE NO: 15-02709.h1


Financial

11/02/2016

Applicant resolved three of nine debts. She remains indebted on six accounts totaling $109,113. She failed to present sufficient evidence to mitigate the outstanding financial trustworthiness concerns. Based upon a thorough review of the pleadings, and exhibits eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 15-02388.h1


Drugs

11/02/2016

Applicant used illegal substances on numerous occasions over a period of ten years, from 2005~2015. His usage ceased just prior to the issuance of the SOR. Clearance is denied. CASE NO: 15-02232.h1


Financial

11/02/2016

Applicant failed to provide evidence of the resolution for any of the 14 alleged delinquent debts, including unpaid state and federal taxes. 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: 15-00185.h1


Financial

11/01/2016

Applicant has mitigated all 11 alleged delinquent debts. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is granted. CASE NO: 15-02619.h1


Financial

11/01/2016

Applicant failed to mitigate the financial considerations security concern generated by his delinquent debts. Clearance is denied. CASE NO: 15-01020.h1


Financial

10/31/2016

Applicant defaulted on a mortgage he co-signed for his parents. His decision to co-sign the loan happened ten years ago and occurred under circumstances that are unlikely to recur. His past behavior does not cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility for access to classified information is granted. CASE NO: 15-05321.h1


Financial

10/31/2016

Applicant mitigated the concerns raised under financial considerations. Clearance is granted. CASE NO: 15-03256.h1


Financial

10/31/2016

Applicant incurred delinquent or past-due debts through circumstances that are unlikely to recur. Although she still has unpaid debts, she has acted responsibly in resolving those debts she was able to pay, and she is managing her current finances in a prudent manner. The security concerns about Applicant's finances are mitigated and her request for a security clearance is granted. CASE NO: 15-02930.h1


Financial

10/31/2016

Applicant owes approximately $132,000 in defaulted private student loan debt. He has been making timely payments on his federal student loans obtained for $32,500, and he has made some payments toward one of his private student loans in response to court action. The financial considerations concerns are not adequately mitigated. Clearance is denied. CASE NO: 15-01694.h1


Financial

10/31/2016

Applicant is a 30-year-old employee who requires a security clearance for her employment with a defense contractor. She did not present sufficient documentary evidence to establish that she is making a good-faith effort to repay or otherwise resolve more than $17,000 in delinquent student loans. Eligibility is denied. CASE NO: 15-01023.h1


Financial

10/31/2016

A depressed real estate market caused Applicant to stop paying her mortgage on investment property in July 2013. However, in May 2014, she contacted her lender and two short sale companies to try and unload her mortgage. In June 2016, a contract for sale was put in place. Applicant's evidence in mitigation mitigates the security concerns arising under the financial considerations guideline. Eligibility for access to classified information is granted. CASE NO: 15-00383.h1


Security Violations

10/31/2016

Applicant has mitigated the security concerns raised by her failure to secure classified safes on three occasions and improper transmittal of protected information. Clearance is granted. CASE NO: 14-06907.h1


Financial

10/31/2016

Six financial judgments totaling $21,128 were filed against Applicant between 2007 and 2008. He has not yet shown that he can handle his financial affairs responsibly. Clearance is denied. CASE NO: 14-06216.h1


Foreign Influence; Financial; Personal Conduct

10/31/2016

Applicant is a Sudan born, naturalized U.S. citizen. His siblings are citizens and residents of Sudan. He rebutted or mitigated the government's security concerns under foreign influence and also the personal conduct security concerns. However, he has collection accounts and a charged-off account totaling more than $33,000 on which he has made no payments nor has he had contact with his creditors. He has not mitigated the financial considerations security concern. Eligibility for access to classified information is denied. CASE NO: 14-05606.h1


Financial

10/31/2016

Applicant had three collection accounts and a charged-off account, which totaled approximately $19,500. Applicant has mitigated the personal conduct and the financial considerations security concerns. Clearance is granted. CASE NO: 12-08531.h1


Financial, Personal Conduct

10/31/2016

Applicant experienced financial difficulties due to circumstances beyond his control, but mitigated the concern by acting responsibly. He did not intentionally falsify his security clearance application. Eligibility for access to classified information is granted. CASE NO: 12-06112.h1


Criminal or Dishonest Conduct

10/28/2016

Applicant has a felony conviction for "uttering forgery." Applicant failed to mitigate the Common Access Card eligibility concerns. Common Access Card eligibility is denied. CASE NO: 15-06229.h1


Foreign Influence; Foreign Preference; Financial

10/28/2016

Applicant mitigated the foreign influence and foreign preference security concerns. The Government failed to establish affluence concerns under financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-03730.h1


Financial

10/28/2016

Applicant mitigated the concerns raised under financial considerations. Clearance is granted. CASE NO: 15-02744.h1


Financial

10/28/2016

Applicant has not mitigated the security concerns raised by her financial history. Clearance is denied. CASE NO: 15-01239.h1


Guideline F

10/28/2016

Applicant challenges the Judge's findings of fact. Applicant is correct that some of them appear to be erroneous, such as her finding that he will begin to draw retirement pay in three years. He also testified that he was raising and selling animals on his farm rather than purchasing them, as the Judge found. However, even viewed cumulatively, the errors did not likely exert an effect on the overall decision. Adverse decision affirmed. CASE NO: 15-01173.a1


Guideline B

10/28/2016

It is within a Judge's discretion to conclude that an applicant has mitigated some of the allegations against him but not others. Adverse decision affirmed. CASE NO: 14-06958.a1


Financial

10/28/2016

Applicant became seriously delinquent on several debts due to repeated unemployment. Three creditors obtained financial judgments against her. She made some debt payments when she could afford to do so, but she lacks a track record of consistent payments to enable a positive predictive judgment that her financial problems are behind her. Clearance is denied. CASE NO: 14-05971.h1


Financial

10/28/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 14-04718.h1


Financial; Personal Conduct

10/27/2016

Applicant has not mitigated the security concerns raised by his delinquent debts and his intentional failure to disclose his delinquent debts in his security clearance application. Clearance is denied. CASE NO: 15-00063.h1


Financial

10/27/2016

Applicant is a 51-year-old employee who requires a security clearance for her employment with a federal contractor. She did not present sufficient documentary evidence to mitigate the concern stemming from a history of financial problems or difficulties, including a failure to file federal and state individual income tax returns on a timely basis for recent tax years. Eligibility is denied. CASE NO: 12-07229.h1


Financial

10/26/2016

Applicant received about $330,000 in 2012 from a settlement for a work-related injury. He took several vacations, including a trip to a foreign country, and he bought a $60,000 sports car, but he did not pay his delinquent debts. He did not file his federal and state income tax returns for tax year 2013 when they were due. Applicant recently filed his tax returns and a Chapter 13 bankruptcy petition. That is insufficient to mitigate his questionable financial decisions. Clearance is denied. CASE NO: 15-07969.h1


Guideline F

10/26/2016

Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record, nor has he shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-03875.a1


Guideline F

10/26/2016

Applicant challenges the Judge's findings that he had admitted the allegation regarding his tax delinquencies and had knowingly misused his corporate credit card. In his SOR Response, Applicant admitted all of the SOR allegations without qualification. Regarding the credit card, the allegation stated he had "knowingly and intentionally" misused the card for personal expenses. His testimony at the hearing was generally consistent with his SOR admissions. Adverse decision affirmed. CASE NO: 15-03095.a1


Guideline F

10/26/2016

Once the government presents evidence raising security concerns, the burden shifts to the applicant to establish mitigation. Directive ¶ E3.1.15. The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. Adverse decision affirmed. CASE NO: 15-02692.a1


Financial

10/26/2016

Applicant failed to timely file his Federal and state income tax returns for tax years 2007 through 2011. He has an unpaid tax lien and judgments that are not resolved. He failed to provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-01411.h1


Finances, Personal Conduct

10/26/2016

Despite continued employment for over a decade, Applicant acquired delinquent debt over time due to an inability to meet all of his expenses while supporting his fiancée and three children. He retained the monthly "pay-as-you-go" services of a law firm to dispute some of his delinquent debts, but provided no documentary evidence validating his assertions that some debts were successfully disputed. He did, however, present credible testimony and documentary evidence regarding one satisfied bill and persuasive information regarding 2 other debts of the 17 at issue. Due to his lack of documentation, financial considerations security concerns remain. However, he gave a highly credible reason as to why he believed his disputing the bills at issue was sufficient reason not to acknowledge them as delinquent on his security clearance application, thus mitigating personal conduct security concerns. Given these overall findings, however, security clearance is denied. CASE NO: 15-00752.h1


Guideline F

10/26/2016

Applicant cites to comments by the Judge, such as that "he is lost" "he's clueless," and "[h]e has no idea what's going on.". He describes these remarks as "cutting." There is a rebuttable presumption that a Judge is impartial and unbiased. The challenged comments occurred after the Judge had questioned Applicant about his alleged debts. In regard to each, Applicant admitted that he had not contacted creditors or otherwise taken significant action. Some of her words may have been ill-chosen. The Judge expressed an understandable, if not reasonable, concern that Applicant had presented little mitigating evidence. Adverse decision affirmed. CASE NO: 15-00552.a1


Foreign Influence

10/26/2016

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline B, foreign influence. Clearance is denied. CASE NO: 14-05020.h1


Financial; Alcohol Consumption; Criminal Conduct

10/26/2016

Applicant has not mitigated the security concerns under the above three guidelines. Eligibility for a security clearance is denied. CASE NO: 14-02323.h1


Financial

10/25/2016

Applicant has not mitigated the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-08694.h1


Alcohol

10/25/2016

In 1999, Applicant was convicted of driving under the influence of alcohol. He was diagnosed as alcohol dependent. He repeatedly relapsed after alcohol treatment. On March 28, 2015, he ended his alcohol consumption, and he attends Alcoholics Anonymous (AA) meetings to reinforce his abstinence. Alcohol consumption security concerns are mitigated. Access to classified information is granted. CASE NO: 15-07807.h1


Financial, Drugs

10/25/2016

Applicant mitigated the financial considerations and drug involvement security clearance concerns. Eligibility for access to classified information is granted. CASE NO: 15-06779.h1


Drugs

10/25/2016

Applicant used illegal drugs and prescription drugs without prescriptions over a five-year period between 2009 and 2014 and provided insufficient evidence of actions taken to avert future recurrence. Drugs use concerns are not mitigated. CAC eligibility is denied. CASE NO: 15-06220.h1


Intentional False Statement, Deception, or Fraud; Misconduct or Negligence in Employment

10/25/2016

Applicant did not intentionally falsify a Declaration for Federal Employment. She mitigated concerns about her conduct while a part-time personal trainer at a fitness center. CAC eligibility is granted. CASE NO: 15-05881.CAC.h1


Financial

10/25/2016

Applicant mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-05867.h1


Financial

10/25/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-04599.h1


Financial

10/25/2016

Applicant's statement of reasons includes 22 allegations of delinquent debts. Circumstances beyond his control damaged his finances. He made sufficient progress to mitigate financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-04494.h1


Foreign Influence

10/25/2016

Applicant mitigated the foreign influence security concerns raised by his family members in Belarus. Clearance is granted. CASE NO: 15-04442.h1


Foreign Influence; Foreign Preference

10/25/2016

Applicant immigrated to the United States from Nigeria with her parents when she was nine years old. In August 2016, she renounced her Nigerian citizenship and returned her Nigerian passport to the Nigerian Government. While she has frequent contacts with her sister and parents, who are citizens and residents of Nigeria, she has significantly greater contacts with the United States than with Nigeria. She can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign preference and foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 15-04293.h1


Financial; Drug Involvement

10/25/2016

A multiple substance abuser for over two decades, Applicant purchased, possessed, and used marijuana on a fairly routine and regular basis. He continued using marijuana after he had been enrolled in two different drug counseling programs. For nearly six years, he purchased, possessed, and snorted cocaine. He tested positive for marijuana alone on one occasion, and for marijuana and cocaine on another occasion. He was fired from one job for drug use. He was convicted twice for simple possession of marijuana. Applicant has 18 continuing delinquent accounts, totaling approximately $35,885, which he has repeatedly promised to resolve after he obtained his job in January 2013, but which remain ignored by him. It appears that Applicant's financial problems are not under control. Applicant's actions continue to cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility is denied. CASE NO: 15-03075.h1


Financial

10/25/2016

Applicant is a 53-year-old employee who requires a security clearance for his employment with a defense contractor. He did not present sufficient documentary evidence to mitigate the concern stemming from two unpaid tax liens for about $25,000 and ten collection or past-due accounts. Eligibility is denied. CASE NO: 15-02836.h1


Financial; Personal Conduct

10/25/2016

Applicant has an extensive record of criminal arrests and motor vehicle violations. He was arrested or cited 18 times between 2004 and June 2013. He also has unresolved financial problems. Clearance is denied. CASE NO: 15-02265.h1


Financial

10/25/2016

Applicant's statement of reasons includes 17 allegations of delinquent debt totaling $75,927 and dismissal of a Chapter 13 Bankruptcy filing in 2011. While circumstances beyond his control damaged his finances, he did not show enough progress paying his debts to mitigate financial considerations security concerns. He disclosed his bankruptcy, but unintentionally failed to disclose his delinquent debts on his August 21, 2014 Electronic Questionnaire for National Security Positions (e-QIP) or security clearance application. Personal conduct security concerns were not established; however, financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-02198.h1


Foreign Influence

10/25/2016

Applicant has mitigated the security concerns under the foreign influence considerations guideline. He provided sufficient evidence to carry his burden of proof. Clearance is granted. CASE NO: 15-01713.h1


Financial

10/25/2016

Applicant is a 54-year-old employee who requires a security clearance for his employment with a defense contractor. He failed to timely file federal individual income tax returns for tax years 2005 2012, and only recently filed returns for the last six tax years in April 2015. He estimates owing the IRS about $43,000 in back taxes, of which about $19,000 is for the most recent tax year of 2015. His federal tax problems are too much, went on too long, and are too recent to justify a favorable clearance decision. Eligibility is denied. CASE NO: 14-06948.h1


Personal Conduct, Criminal Conduct, Finances

10/25/2016

Between 2008 and 2009, Applicant stole over $50,000 from the financial institution for which he worked in order to meet his financial obligations. After being caught, terminated from his job, and admitting responsibility for his misdeeds, he paid restitution and received early termination from probation in 2012. In the interim, he was debarred from future work in federally-insured financial institutions. Insufficient time has passed to reestablish his suitability for a security clearance. Personal conduct, criminal conduct, and financial considerations security concerns remain unmitigated. Clearance is denied. CASE NO: 14-04190.h1


Guideline F

10/24/2016

An SOR is an example of notice pleading. So long as it places an applicant on notice of the matters to be addressed in the hearing, it satisfies the requirements of the Directive. The Directive presumes a nexus between admitted or proved conduct under any of the Guidelines and an applicant's eligibility for a clearance. A decision to amend the SOR is discretionary with the Judge. Even if an applicant has paid his debts, a Judge may still consider the underlying circumstances. Adverse decision affirmed. CASE NO: 15-00216.a1


Financial

10/21/2016

Applicant mitigated the security concerns raised by his financial problems and by his failure to timely file federal and state income taxes as required. His request for a security clearance is granted. CASE NO: 15-05067.h1


Guideline F

10/21/2016

Debt resolution, including a creditor's forgiveness of a debt, is not necessarily dispositive. Even if a debt has been paid, a Judge may consider the underlying circumstances in determining whether the applicant has the requisite judgment and reliability. Moreover, Applicant did not explain why he submitted evidence that debts already forgiven in 2012 and 2014 were disputed in 2016. Applicant's apparently inconsistent conduct detracts significantly from the credibility of his case for mitigation. Adverse decision affirmed.


Financial; Personal Conduct

10/21/2016

Applicant did not intentionally provide false information about his finances on a Questionnaire for National Security Positions (SF 86) submitted in September 2014. He mitigated financial considerations security concerns that resulted from significant medical problems. Clearance is granted. CASE NO: 15-03735.h1


Financial

10/21/2016

Applicant has not mitigated the trustworthiness concerns under the above guideline. He has unresolved delinquent debts and a tax lien from 2011. He has not filed his Federal tax returns for years 2008 through 2012. He claims payments, but he did not provide any documentation to confirm his assertion. Eligibility for a position of trust is denied. CASE NO: 15-03664.h1


Financial

10/21/2016

Applicant failed to timely file his federal and state tax returns from 2008 through 2011. By the time of his hearing, he had generated all required tax returns, and he did not owe any taxes. A track record of timely filing of tax returns is necessary to fully mitigate financial considerations security concerns. Access to classified information is denied. CASE NO: 15-01283.h1


Guideline C; Guideline B

10/21/2016

Applicant notes that she has only two brothers, rather than the three alleged in the SOR. The Judge's findings and analysis refer only to two brothers, in accordance with the other evidence before him. His unfavorable formal finding under 2.c does not mean that he exaggerated the security significance of Applicant's family connections in Ukraine, nor is there reason to believe that the wording of the SOR impaired Applicant's ability to prepare her case for mitigation. Adverse decision affirmed. CASE NO: 14-06788.a1


Foreign Influence; Financial; Personal Conduct

10/21/2016

Applicant mitigated the concerns raised by her relationships with her foreign family members. Her finances are under control and her omissions on her security clearance application were not intentional. The concerns raised under Guidelines B, F, and E are mitigated. Access to sensitive information is granted. CASE NO: 14-06677.h1


Financial

10/21/2016

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 14-05767.h1


Financial

10/20/2016

Applicant is alleged to be indebted to one creditor in the approximate amount of $50,419. Applicant mitigated the Financial Considerations security concerns, because the debt was fully resolved through litigation. Eligibility for access to classified information is granted. CASE NO: 15-05450.h1


Financial

10/20/2016

Applicant is alleged to be delinquent on 13 debts in the total amount of approximately $713,000. His 13 delinquencies were identified on an April 2013 Chapter 13 bankruptcy that was dismissed in 2014. The majority of Applicant's debts were resolved as a result of the creditor forgiving the debts. Applicant failed to demonstrate any of the mitigating conditions fully apply. Eligibility for access to classified information is denied. CASE NO: 15-02760.h1


Financial

10/20/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 15-01080.h1


Guideline F

10/20/2016

The timing of debt resolution of a relevant factor in evaluating an applicant's case for mitigation. The Judge failed to address Applicant's history of financial problems. Favorable decision reversed. CASE NO: 15-00208.a1


Foreign Influence; Financial Consideration

10/20/2016

Applicant is 50 years old and employed as a Software Engineer by a defense contractor. His history of excessive indebtedness has been resolved, and his foreign contacts in Egypt, which include his mother and brother, do not pose a security risk. Access is granted. CASE NO: 12-11754.h1


Foreign Influence; Financial Consideration

10/19/2016

Applicant is 28 years old and employed as a Magnetic Particle Inspector by a defense contractor. His mother, who is a Mexican citizen, illegally resides with him in the United States and poses a security risk. His finances are not in order as he has delinquent debts since 2009 that remain outstanding. Clearance is denied. CASE NO: 15-05289.h1


Financial

10/19/2016

Applicant is 36 years old and employed as a Electronic Maintenance Technician 3 by a defense contractor. Applicant's history of financial indebtedness caused by his divorce and poor financial management has not been mitigated. Clearance is denied. CASE NO: 15-04640.h1


Foreign Influence; Financial; Personal Conduct

10/19/2016

Applicant is 30 years old and employed as a Electronic Technician by a defense contractor. His foreign contacts in South Korea; and his poor personal conduct, while serving in the military, have not been mitigated. Clearance is denied. CASE NO: 15-04446.h1


Financial

10/19/2016

Applicant is 51 years old and employed as a Systems Engineer by a defense contractor. His history of excessive indebtedness brought on by his wife's illness has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted. CASE NO: 15-03734.h1


Guideline F

10/19/2016

The Appeal Board has previously noted that it is reasonable for a Judge to expect applicants to present documentation to corroborate testimony. Adverse decision affirmed. CASE NO: 15-03363.a1


Foreign Preference

10/19/2016

Applicant is a dual citizen of the United States and the Netherlands, and that status is based solely on his parents' citizenship. He has never expressed a willingness to renounce his dual citizenship. He was issued a Netherlands passport in January 2007, and it was renewed in April 2012. It will not expire until April 2017. Although he was issued a U.S. passport in October 2010, when traveling on at least some occasions, he used his Netherlands passport rather than his U.S. one. That use of his foreign passport was not approved by the cognizant security authority. The passport has not been destroyed, surrendered to the cognizant security authority, or otherwise invalidated. Overall, the evidence leaves me with substantial questions and doubts as to Applicant's eligibility and suitability for a security clearance. Eligibility is denied. CASE NO: 15-01390.h1


Financial

10/19/2016

Applicant fell in love with a convicted felon with a fabricated background. Before they met, Applicant's financial situation was good to excellent, and he had never missed a payment. There were no negative public records listed in his credit reports. His wife, unknown to him – a convicted felon – changed everything. She stole identities, forged signatures, issued bad checks, wrongfully obtained credit cards, and embarked on a journey of profligate spending. Applicant was not a conspirator or knowing participant, but rather, an uninformed victim. When he did learn of her actions and activities, out of love and compassion, he tried to protect her and assist her in altering her mindset. It did not work. Finally, after learning the full truth about her, he severed their relationship and embarked on his own journey of resolving his outstanding financial matters. The five judgments against him were resolved. He has no other delinquent accounts. There are clear indications that Applicant's financial problems are under control. His actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-00519.h1


Guideline F

10/19/2016

Applicant's brief makes no assertions of harmful error. Adverse decision affirmed. CASE NO: 14-06436.a1


Guideline F

10/19/2016

Applicant's brief includes new evidence, including information about persons in the news. We cannot consider new evidence. Also, each case must be decided on it own merits. Adverse decision affirmed. CASE NO: 14-04597.a1


Criminal or Dishonest Conduct; Illegal Use of Narcotics, Drugs, or other Controlled Substances

10/18/2016

Applicant mitigated the concerns about his use of marijuana and related criminal conduct between 1999 and 2004. His request for CAC eligibility is granted. CASE NO: 16-00001.h1


Drugs; Personal Conduct

10/18/2016

From May 2009 to January 2015, Applicant used marijuana about ten times while holding a security clearance. More time without illegal drug use is necessary to fully mitigate drug involvement security concerns. Personal conduct security concerns are mitigated as an unwarranted duplication of the concerns under the drug involvement guideline. Eligibility for access to classified information is denied. CASE NO: 15-07235.h1


Financial Considerations

10/18/2016

Applicant is 33 years old and is employed as a Program Modifications Manager for a defense contractor. His history of excessive indebtedness has been sufficient mitigated and resolved. Clearance is granted. CASE NO: 15-04575.h1


Financial

10/18/2016

Applicant's statement of reasons alleges five delinquent debts totaling $27,719. He established his child support was current, leaving four delinquent debts totaling $25,719. He did not make sufficient progress resolving his delinquent debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-02991.h1


Financial

10/18/2016

Applicant is 58 years old and employed as an Information Technology Specialist by a defense contractor. His history of financial indebtedness caused bad business decisions, periods of unemployment, a divorce, health issues, and poor financial management has not been mitigated. Clearance is denied. CASE NO: 15-02666.h1


Financial

10/18/2016

Applicant is 40 years old and employed as a Database Administrator by a defense contractor. His history of financial indebtedness caused a divorce and related expenses has been mitigated by a good-faith effort to resolve his debts. Eligibility for a position of public trust is granted. CASE NO: 15-02500.h1


Financial

10/18/2016

Applicant is 48 years old and employed as a General Clerk III by a defense contractor. Applicant's history of financial indebtedness partially caused by her husband's multiple duty station transfers, which in turn caused her to lose her employment, has not been mitigated. Clearance is denied. CASE NO: 15-01642.h1


Financial

10/18/2016

Applicant is 27 years old and employed as a Network Engineer by a defense contractor. Her history of excessive indebtedness has been resolved. Clearance is granted. CASE NO: 15-00378.h1


Drugs

10/18/2016

Applicant is 26 years old and employed as a Software Engineer by a defense contractor. His history of illegal drug use has not been mitigated by reform and rehabilitation. Clearance is denied. CASE NO: 15-00285.h1


Financial; Personal Conduct

10/18/2016

Applicant has not mitigated the security concerns raised by his delinquent debts and falsification of his security clearance application. CASE NO: 15-00213.h1


Criminal; Information Technology; Personal Conduct

10/18/2016

Applicant demonstrated significant remorse for his 2010 criminal conduct. His criminal conduct was an isolated incident and he has matured since then. His four reprimands received for violating information technology policies were due to improper training. He is now successful in his current position. Applicant has mitigated his past improper conduct. CASE NO: 14-05922.h1


Alcohol

10/18/2016

Applicant is a 57-year-old employee who requires a security clearance for his employment with a defense contractor. He did not present sufficient documentary evidence to mitigate the concern stemming from his history of treatment for excessive consumption of alcohol. Eligibility is denied. CASE NO: 14-05759.h1


Personal Conduct; Financial

10/18/2016

Applicant mitigated personal conduct security concerns raised by a number of relatively minor arrests that occurred when he was younger. Nearly six years have passed since he was last arrested or charged with any offense. During this period, he has demonstrated favorable and significant lifestyle changes. However, he did not mitigate security concerns raised by his financial situation. Specifically, he failed to provide sufficient evidence showing that he has responsibly addressed his delinquent debts. Clearance is denied. CASE NO: 14-04539.h1


Financial

10/18/2016

Applicant's statement of reasons alleges six delinquent debts totaling $18,589. He paid three debts; he is making payments to address one debt; one creditor has agreed that the debt is resolved; and he is negotiating a settlement of one debt in good faith. He made sufficient progress resolving his delinquent debts, and financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 12-11253.h1


Financial

10/17/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-03395.h1


Financial

10/17/2016

Applicant accumulated three delinquent mortgage related debts that he has not addressed. Security concerns related to his finances are not mitigated. Clearance is denied. CASE NO: 15-01145.h1


Financial

10/14/2016

Applicant incurred delinquent debt during her husband's illness and after he died in 2014. She has been employed since August 2007. She did not present sufficient evidence to establish that she took reasonable and responsible action to resolve her delinquent debts. Applicant failed to mitigate financial obligation security concerns. Eligibility for access to classified information is denied. CASE NO: 15-08031.h1


Criminal Conduct; Alcohol

10/14/2016

Applicant was arrested for driving under the influence of alcohol in 1999, 2005, and 2011. His judgment in those instances continues to raise questions about his reliability and trustworthiness. It is not clearly consistent with the national interest to grant Applicant CAC eligibility. CASE NO: 15-06135.h1


Drugs; Personal Conduct

10/14/2016

Applicant did not mitigate the security concerns raised by his use of illegal drugs over most of the past 35 years. His request for a security clearance is denied. CASE NO: 15-05422.h1


Financial

10/14/2016

Applicant's evidence is insufficient to show that he has a track record of financial responsibility and that his financial problems are under control. He failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-05253.h1


Financial

10/14/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-05034.h1


Foreign Influence

10/14/2016

Applicant mitigated the security concerns under the foreign influence guideline. He has lived in the United State his entire life and is a naturalized U.S. citizen. His immediate family members are also U.S. citizens who live in the United States. His extended family in Bolivia do not create security concerns. Eligibility for a security clearance is granted. CASE NO: 15-03216.h1


Financial; Criminal Conduct

10/14/2016

Applicant's Statement of Reasons listed a Chapter 13 bankruptcy that was dismissed, and 13 debts totaling $171,256. In 2016, he filed Chapter 7 bankruptcy and was awarded a discharge. Applicant's budget reflects that he is regaining financial responsibility. In 2013, during a contested divorce, Applicant was arrested several times for domestic violence-related offenses. He asserted that the arrests were contrived and provided documentation that the charges were dismissed. Clearance is granted. CASE NO: 15-02710.h1


Financial

10/14/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-02551.h1


Financial; Personal Conduct

10/14/2016

Applicant works for a defense contractor. He has 19 delinquent debts listed in the Statement of Reasons (SOR), totaling $62,244 that remained unpaid when the SOR was issued. He paid only one debt for $169. Applicant failed to disclose his delinquent debts on his electronic security application. Eligibility for access to classified information is denied. CASE NO: 15-02413.h1


Guideline F

10/14/2016

The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. The decision is sustainable on this record. Adverse decision affirmed. CASE NO: 15-02326.a1


Financial

10/14/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01682.h1


Financial

10/14/2016

Applicant incurred delinquent debt from a failed real estate investment business. He had the properties foreclosed resulting in no debt due on the properties. He paid other debts and is paying on his one remaining debt. Applicant mitigated financial obligation security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01499.h1


Financial

10/14/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00922.h1


Guideline B

10/14/2016

The Judge's decision fails to address important aspects of the case and appears to apply a standard other than the one specified in Egan and the Directive. Favorable decision remanded. CASE NO: 14-05986.a1


Guideline F

10/14/2016

A prima facie case has not been established that a due process violation or any error occurred. Applicant is asking for a remedy not available to him. The Appeal Board is only authorized to remand a case to correct an identified error. Adverse decision affirmed. CASE NO: 14-04743.a1


Financial

10/14/2016

Applicant mitigated the concerns raised under financial considerations. Clearance is granted. CASE NO: 12-10304.h1


Financial; Foreign Influence

10/14/2016

Applicant's foreign family contacts create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion, and an unacceptable security risk. The mitigating information is insufficient to fully overcome the foreign influence security concerns. He mitigated the financial considerations security concerns. Clearance denied. CASE NO: 12-05512.h1


Financial

10/13/2016

Applicant works for a defense contractor. She has 11 delinquent debts listed in the Statement of Reasons (SOR), one of which accumulates 10 other medical debts, all totaling $35,437 that remained unpaid when the SOR was issued. She resolved the debts by bankruptcy and sale of her house. Eligibility for access to classified information is granted. CASE NO: 15-04638.h1


Foreign Influence

10/13/2016

Applicant is a native-born American. Although his parents and his brother are citizens and residents of Korea, they have no connection with the Korean government, and he would not jeopardize national security vis-a-vis his Korean foreign connections. Clearance is granted. CASE NO: 15-04422.h1


Financial

10/13/2016

Applicant did not file his 2011 and 2012 federal income tax returns and he did not pay the taxes from those years when they were due. He filed the returns and he paid the remaining taxes due in 2015, about a year before the Statement of Reasons was issued. Clearance is granted. CASE NO: 15-04048.h1


Financial

10/13/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-03906.h1


Financial

10/13/2016

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-03594.h1


Financial

10/13/2016

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-02509.h1


Financial; Personal Conduct

10/13/2016

While residing with her fiancé, Applicant failed to exercise sufficient control over her expenses and spent beyond her means. While it did not immediately create financial difficulties, subsequent events made it impossible to maintain her various accounts in a current status. Accounts became delinquent and were placed for collection. A vehicle was repossessed. Applicant eventually contacted her creditors to set up repayment plans and started making regular monthly payments. Aware of the Government's trustworthiness concerns over her finances, Applicant apparently scrapped her initial plan of prioritizing her accounts, and she is now making a variety of modest payments to most of her creditors. Applicant estimated that she has a monthly remainder of between $5 and $20 available for saving or spending, especially now that she is making so many simultaneous payments to creditors. She keeps track of her expenses. She has been in the process of resolving or has already resolved all of her SOR-related debts. Applicant has no other outstanding debts. In the absence of any additional unidentified delinquencies, it appears that Applicant's financial problems are generally under control. Applicant's actions no longer cast doubt on her current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-00884.h1


Financial

10/13/2016

Applicant did not mitigate security concerns raised by his financial circumstances. He incurred a sizeable tax debt about five years ago and, despite earning a considerable amount in compensation through his employment as a federal contractor over the past few years, he has yet to establish a payment plan or otherwise resolve the tax debt, which currently stands at over $230,000. Notwithstanding the presence of some extenuating circumstances and other favorable information, Applicant failed to meet his heavy burden of persuasion for continued access to classified information. Clearance is denied. CASE NO: 15-00870.h1


Financial; Personal Conduct

10/13/2016

Applicant has made a good-faith effort to address his tax liens, and has paid his admitted past-due debt. He did not falsify his e-QIP as to his debts. Clearance is granted. CASE NO: 14-05103.h1


Financial

10/13/2016

Applicant had ten collection accounts, which totaled more than $26,000. She has been able to satisfy some of her delinquent obligations and is working to address the remainder. She has sufficiently rebutted or mitigated the government's security concerns under the financial considerations guideline. Clearance is granted. CASE NO: 12-08319.h1


Financial

10/12/2016

Applicant mitigated the Financial Considerations security concerns raised by her past bankruptcy and delinquent accounts because they were incurred due to circumstances beyond her control and she has acted reasonably in addressing her delinquencies. Eligibility for access to classified information is granted. CASE NO: 15-07839.h1


Financial

10/12/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-06355.h1


Financial

10/12/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-05305.h1


Financial

10/12/2016

Applicant accumulated delinquent debts attributable to overspending, bad decisions, and providing financial assistance to his parents. He has since resolved these debt delinquencies with negotiated settlements with his listed creditors. Financial concerns are mitigated. Clearance is granted. CASE NO: 15-02415.h1


Financial

10/12/2016

Applicant knew that his unfiled income tax returns were a concern to the Department of Defense in August 2012 when he submitted his Questionnaire for National Security Positions (SF 86) and in October 2012 when he was interviewed for his background investigation. He still has not filed all his returns, and he owes the IRS an unknown amount. Clearance is denied. CASE NO: 15-02301.h1


Financial

10/12/2016

Applicant received about $8,000 in goods and services from a credit card. She refuses to pay the account because she believes the credit card company improperly increased the interest rate. However, she admitted that she may have misread the credit card contract. Clearance is denied. CASE NO: 15-02057.h1


Financial

10/12/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-00972.h1


Financial

10/11/2016

Applicant mitigated the concerns raised under financial considerations. Clearance is granted. CASE NO: 15-04098.h1


Financial

10/11/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-01210.h1


Financial

10/11/2016

Applicant incurred delinquent debt during a long period of unemployment. He presented sufficient evidence to establish that he paid his delinquent debts in full. Applicant mitigated financial obligation security concerns. Eligibility for access to classified information is granted. CASE NO: 15-00446.h1


Financial

10/07/2016

Applicant's statement of reasons (SOR) alleges ten delinquent accounts totaling $5,234, and five charged-off accounts without balances. Applicant is credited with paying or resolving all of his SOR debts, except for two accounts which are in payment plans that are satisfactory to the creditor. Applicant has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-06112.h1


Financial

10/07/2016

Afforded a financial fresh start through bankruptcy in 1999, Applicant defaulted on eight student loans totaling $36,000 in 2011. He and his spouse owed delinquent federal and state income taxes for tax years 2010 through 2014 because of insufficient tax withholdings. Applicant has paid $25,528 toward his student loans through wage garnishment since January 2013. He has been making installment payments to the IRS to reduce his federal tax debt to $1,200 and has a repayment plan established to address $3,717 in past-due state income taxes. Clearance is granted. CASE NO: 15-03264.h1


Financial

10/07/2016

Applicant has delinquent debts that she is resolving. She provided sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-02615.h1


Alcohol; Criminal Conduct; Financial

10/07/2016

Applicant has unresolved financial problems and two convictions for driving while intoxicated (DWI). He served 30 days in jail in August 2015 because he did not complete his community service. Clearance is denied. CASE NO: 15-02501.h1


Financial

10/07/2016

Applicant did not mitigate the security concerns raised under financial considerations. Eligibility for a security clearance is denied. CASE NO: 15-01285.h1


Financial

10/07/2016

Applicant was alleged to be delinquent on six debts in the total amount of $55,724. He has resolved all of his delinquencies. Eligibility for access to classified information is granted. CASE NO: 15-01034.h1


Financial

10/07/2016

Applicant failed to mitigate the security concerns raised by his strategic default of his $500,000 mortgage, which was pending a deed in lieu of foreclosure. Clearance denied. CASE NO: 14-07001.h1


Criminal Conduct

10/06/2016

Applicant has not mitigated the security concerns raised by his criminal conduct. Clearance is denied. CASE NO: 15-06032.h1


Finances

10/06/2016

Since first warned about a decade ago that her financial situation could jeopardize her security clearance eligibility, Applicant has acquired numerous delinquent debts. These include an adverse state lien and a substantial balance related to an automobile repossession. Of the 21 debts at issue, scant documentary evidence was introduced showing progress on these delinquent debts. She has abandoned the aid of a debt consolidator and a law firm in favor of a concern prepared to administer a repayment plan, but she has yet to make more than one payment on that plan. No debts outside of that plan have been paid and her economic resources are presently limited, as she struggles to raise three children without child support assistance. Under present circumstances, financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 15-04623.h1


Foreign Influence

10/05/2016

Applicant's spouse and stepdaughter are foreign citizens of China. His parents and father-in-law are citizens and residents of foreign countries. Overall, eligibility for access to classified information is denied. CASE NO: 15-06603.h1


Financial

10/05/2016

Applicant failed to timely file Federal income tax returns for six years and state income tax returns for eight years. She did not mitigate those financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-04646.h1


Financial, Personal Conduct

10/05/2016

Applicant has delinquent debts that are not paid or resolved. He was deliberately misleading on his security clearance application and has a history of work problems. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations, or Guideline E, personal conduct. Clearance is denied. CASE NO: 15-04216.h1


Foreign Influence; Foreign Preference

10/05/2016

Applicant has possessed and annually used a Colombian passport since 2012. He surrendered it to his facility security officer (FSO) the day after the hearing. While he expressed a willingness to renounce his Colombian citizenship if that is required for him to have a security clearance, he has taken no action to do so. It appears that he will use the FSO to hold his Colombian passport until he retrieves it to take his annual trip to Colombia. Clearance is denied. CASE NO: 15-03792.h1


Drugs

10/05/2016

Applicant used marijuana almost daily from July 2007 until July 2014. He used hallucinogenic mushrooms on four occasions from June 2008 until October 2012, and ecstasy as a stimulant twice from October 2008 until November 2011. He intends to continue to use marijuana and hallucinogenic mushrooms. Applicant did not mitigate trustworthiness concerns for his use of illegal drugs. Eligibility for access to sensitive information is denied. CASE NO: 15-03361.h1


Financial

10/05/2016

Applicant has made little progress toward resolving more than $33,000 in delinquent debt. The financial considerations concerns are not adequately mitigated. Clearance is denied. CASE NO: 15-01664.h1


Personal Conduct; Financial

10/05/2016

Applicant has a history of failing to comply with basic rules and regulations. He also has shown an inability or unwillingness to pay his financial obligations. Questions about his current reliability, trustworthiness, judgment, and ability to comply with the law and protect classified information remain. He failed to mitigate the Guidelines E and F security concerns. Clearance is denied. CASE NO: 15-01045.h1


Personal Conduct

10/05/2016

Applicant purchased proprietary software from a major competitor using a shell company as the purchaser without disclosing his affiliation with the real purchaser in interest. He based his concealment of his employer on his not wanting the seller to know his real employer. When later completing his security clearance application, Applicant deliberately omitted the Company B federal lawsuit from his application. Personal conduct concerns are not mitigated. Clearance is denied. CASE NO: 15-01014.h1


Foreign Influence

10/05/2016

Applicant has provided years of laudable service to the United States defense contracting community with regard to his linguistic skills and became a naturalized Unites States citizen a few years ago. His mother, siblings, and other family members remain as residents and citizens of Afghanistan, where they live in his property and to where he wires them money on an annual basis. The information provided about these kin and their circumstances in Afghanistan is insufficient to mitigated foreign influence security concerns at this time. Security clearance is denied. CASE NO: 14-06931.h1


Foreign Influence

10/05/2016

The ties that Applicant has to his foreign family members is not as strong as his ties developed in the United States since 1994. His current financial interests in India are only one-tenth of his U.S. financial assets. Eligibility for access to classified information is granted. CASE NO: 14-06504.h1


Financial

10/05/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-12160.h1


Guideline F

10/04/2016

The Judge's material findings of security concern are supported by substantial evidence. Applicant has failed to rebut the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 15-03435.a1


Guideline F

10/04/2016

Applicant's brief makes no assertion of harmful error. Rather, it contains new evidence about his automobile debt and another small debt. We cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 14-06971.a1


Alcohol Consumption

09/30/2016

Applicant mitigated the security concerns generated by her two alcohol-related arrests. Clearance is granted. CASE NO: 15-04916.h1


Financial

09/30/2016

Applicant was alleged to be delinquent on two debts in the total amount of $14,238. He has resolved the larger debt and the second, a $186 debt, no longer appears on his credit report. His efforts to locate the creditor have been unsuccessful. Applicant has acted in good faith and future financial delinquencies are unlikely. Eligibility for access to classified information is granted. CASE NO: 15-04210.h1


Financial

09/30/2016

Applicant did not file his federal and state tax returns for 2011 through 2014 as required. He presented sufficient evidence to establish that the federal tax returns for 2011 and 2014 have been filed. He has not presented evidence that the remaining federal and state tax returns have been filed. His reasons for not timely filing the remaining tax returns are not compelling. Applicant failed to present adequate information to mitigate security concerns based on a failure to meet his financial obligations. Eligibility for access to classified information is denied. CASE NO: 15-04050.h1


Foreign Preference; Foreign Influence

09/30/2016

Applicant mitigated the foreign preference security concern, but failed to mitigate the foreign influence security concerns. Clearance is denied. CASE NO: 15-03080.h1


Foreign Influence; Foreign Preference

09/30/2016

Applicant mitigated the foreign influence and foreign preference security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01929.h1


Foreign Influence; Personal Conduct

09/30/2016

Applicant's relationship with his cohabitant, who is a citizen of Mexico and an undocumented resident of the United States, creates a risk of exploitation, manipulation, or duress under the Guidelines for Foreign Influence and Personal Conduct. Applicant failed to mitigate the Government's security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00693.h1


Financial; Personal Conduct

09/30/2016

Applicant incurred delinquent debts that were addressed through payments, installment agreements, and consolidation. She thought she disclosed her debts on her SF 86 but they did not appear on the final form. She voluntarily disclosed them during an interview. Applicant mitigated the financial considerations. Personal conduct concerns were not established. Eligibility for access to classified information is granted. CASE NO: 15-00241.h1


Financial

09/30/2016

Applicant has a 2010 Federal tax lien in the amount of approximately $104,000 that is unpaid and unresolved. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-04319.h1


Financial

09/29/2016

Applicant mitigated the financial security concerns raised as a consequence of a delinquent home equity loan. Eligibility for access to classified information is granted. CASE NO: 15-07175.h1


Financial

09/29/2016

Applicant has 22 delinquent debts, 18 of which are unresolved medical bills. She failed to mitigate the trustworthiness concerns raised under the financial considerations guideline. Her eligibility for a public trust position is denied. CASE NO: 15-06664.h1


Criminal or dishonest conduct or financial irresponsibility, and illegal use of narcotics, drugs, or other controlled substances

09/29/2016

Applicant mitigated the Common Access Card (CAC) credentialing concerns raised under the criminal or dishonest conduct or financial irresponsibility, as well as the illegal use of narcotics, drugs, or other controlled substances supplemental adjudicative standards. CAC eligibility is granted. CASE NO: 15-06091.h1.CAC


Financial, Personal Conduct

09/29/2016

Applicant resolved the security concerns raised under Guideline E, personal conduct. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-03527.h1


Financial

09/29/2016

Applicant's past-due debts are resolved. He mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-03087.h1


Financial

09/29/2016

Applicant has not established a sufficient reliable track record of financial stability. Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 15-02389.h1


Financial

09/29/2016

Applicant had several delinquent debts listed in the SOR and he failed to timely file timely Federal tax returns for tax years 2011 and 2012. Evidence was introduced to establish that the majority of those debts were not owed by Applicant, and the rest he has paid or is paying. He has now filed the Federal tax returns for both tax years. Mitigation has been shown. Clearance is granted. CASE NO: 15-02113.h1


Personal Conduct

09/29/2016

Applicant failed to mitigate the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 15-01705.h1


Financial; Alcohol Consumption

09/29/2016

Applicant failed to timely file Federal tax returns for tax years 2008 through 2011, and has overdue debts that have not been resolved or reduced. No evidence was introduced to establish that Applicant's current financial status is stable and that he is able to resolve his past debts or stay current with his recent debts. Applicant also has a history of three arrests for Driving Under the Influence of Alcohol, and he continues to consume alcohol, at times to excess and to the point of intoxication. Mitigation has not been shown. Clearance is denied. CASE NO: 15-01168.h1


Financial; Alcohol

09/29/2016

Applicant mitigated the financial concerns, but failed to mitigate the alcohol consumption concerns. Eligibility for access to classified information is denied. CASE NO: 14-06797.h1


Financial

09/29/2016

Applicant and his wife had a history of overdue debts, in part because while Applicant traveled extensively for business, his wife, who was tasked with paying the family bills, failed to do so, which was one of the factors that led to their divorce. Applicant and his wife also failed to file Federal and state taxes for several years. Applicant has now paid off his overdue debts. While he has finally filed his past Federal tax returns, and paid his federal tax debt, no evidence was introduced to establish that he has filed his overdue State tax returns or resolved his State tax debt. Mitigation has not been shown. Clearance is denied. CASE NO: 14-05762.h1


09/29/2016

CASE NO: 14-05339.h1


Drugs, Personal Conduct

09/29/2016

Applicant used marijuana after being granted a security clearance in 1982. He continued to use marijuana after receiving special program access and signing his employer's code of conduct prohibiting illegal drug use in 1997. He falsified the duration, frequency, and his date of last illegal drug use on three security clearance applications and in two background interviews. Clearance is denied. CASE NO: 14-01062.h1


Financial

09/28/2016

Applicant has significant past-due debt that he has yet to address. Clearance is denied. CASE NO: 15-03591.h1


Financial

09/28/2016

Applicant has not mitigated the security concerns under the financial guideline. He has mitigated the criminal conduct security concerns. Eligibility for a security clearance is denied. CASE NO: 15-01975.h1


Foreign Influence

09/28/2016

Applicant mitigated the security concerns raised by his six-year extramarital affair with a Ukranian national first by notifying his company and his wife about the relationship, then ending the affair over two years ago. Clearance granted. CASE NO: 15-01212.h1


Foreign Influence

09/28/2016

Applicant's parents, siblings, wife, and wife's mother are citizens of Sudan. Only his wife resides in the United States. His father and one brother live and work in Saudi Arabia. Applicant did not mitigate the trustworthiness concerns about foreign influence. His request for eligibility to occupy a position of trust is denied. CASE NO: 14-06898.h1


Foreign Influence

09/28/2016

Applicant's mother-in-law and another relative are residents and citizens of the Cuba. He has infrequent contact with them by telephone and on occasional visits. Applicant mitigated the heightened security concerns for his relatives in Cuba. Eligibility for access to classified information is granted. CASE NO: 14-05099.h1


Financial

09/28/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-08274.h1


Criminal or Dishonest Conduct

09/27/2016

Applicant convicted of larceny from his employer. Applicant failed to mitigate the Common Access Card credentialing concerns. Common Access Card eligibility is denied. CASE NO: 15-06228.h1


Guideline F; Guideline E

09/27/2016

Failure to comply with tax laws suggests that a person has a problem following rules and regulations. Voluntary compliance with rules and regulations is essential to protecting classified information. The timing of Applicant's attempt to resolve his tax problems undercuts a determination that he has initiated a good-faith effort to resolve them. Favorable decision reversed. CASE NO: 15-03481.a1


Financial

09/27/2016

Applicant incurred more than $20,000 in delinquent mortgage, car loan, and consumer debts from 2009 to present, despite continuous employment in her current position. She demonstrated neither sufficient explanation for these debts, nor changes to avoid recurring financial problems. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-01856.h1


Financial

09/27/2016

Applicant mitigated the security concerns raised by his delinquent state taxes and child care obligations by entering into a repayment plan with the state, and paying the maximum legal childcare withholding. Clearance granted. CASE NO: 14-06146.h1


Financial

09/27/2016

Applicant was delinquent on three student loans and on two collection accounts. His financial problems were contributed to by the condemnation of his condominium due to mold and a substantial reduction in pay, when his prior employer lost a contract. Applicant has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 14-05300.h1


Guideline B

09/27/2016

Department Counsel did not rebut the presumption that the Judge considered all of the evidence. Not all contacts between persons with clearance and foreign officials are disqualifying. Favorable decision affirmed. CASE NO: 14-05013.a1


Financial

09/27/2016

Applicant mitigated the security concerns raised by his delinquent line of credit and first mortgage by acting to mitigate the impact on his finances when he began to experience financial problems, continuing to work with his creditors, resuming payments before the SOR was issued, and most notably, bringing his mortgage current. Clearance granted. CASE NO: 14-00010.h1


Financial

09/27/2016

A judgment was entered against Applicant. He has entered into a settlement agreement and is current on his payments under the repayment plan. Applicant has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 12-09283.h1


Financial

09/26/2016

Applicant incurred large Federal and state tax debts over the past six years, failed to file required tax returns over that time, and defaulted on a car loan, despite continuous employment. She demonstrated neither sufficient explanation for these debts, nor changes to avoid recurring financial problems. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-03973.h1


Financial; Personal Conduct

09/26/2016

Applicant has struggled financially since 2007 due to several unexpected expenses and lost time at work to care for his ill spouse before her death. He lost his home to foreclosure in December 2012. As of his hearing, he was in the process of filing a Chapter 7 bankruptcy petition to discharge $454,460 in debt of which $398,128 was the deficiency balance on his mortgage. He has yet to demonstrate that he can handle his financial affairs responsibly. Personal conduct concerns raised by his failure to disclose old marijuana possession charges on security clearance applications in 2002 and 2013 are also not mitigated. Clearance is denied. CASE NO: 15-03519.h1


Personal Conduct; Sexual Behavior

09/26/2016

Applicant's evidence is insufficient to mitigate the personal conduct and sexual behavior security concerns raised by him masturbating in public in 2011 and 2012, and having inappropriate photographs in his work computer in 2012. Clearance is denied. CASE NO: 15-03101.h1


Financial

09/26/2016

Applicant's debts were discharged in a 2005 Chapter 7 bankruptcy, but he incurred more delinquent debt over the next decade despite continuous employment. He also failed to file his Federal and state income tax returns for 2011, 2012, and 2013. He demonstrated neither sufficient explanation for these issues, nor the ability to avoid recurring financial problems. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-02323.h1


Financial

09/26/2016

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 15-01090.h1


Financial

09/26/2016

Applicant's financial problems were not caused by irresponsible, reckless, or negligent behavior. She is making a good-faith effort to resolve her delinquent accounts. To date, she has rehabilitated her mortgage and has paid almost $30,000 to the resolution of non-SOR debts. Clearance is granted. CASE NO: 15-00384.h1


Foreign Influence; Foreign Preference

09/23/2016

Applicant mitigated the security concerns raised by her family connections in Turkey and her use of a Turkish passport after becoming a U.S. citizen. Clearance is granted. CASE NO: 15-08400.h1


Guideline F

09/23/2016

Applicant asserts that she mailed in documents which the Judge never considered. One document the Judge addressed. On document is dated after the close of the record. One document refers to events that occurred after the Judge's decision. Adverse decision affirmed. CASE NO: 15-02933.a1


Financial

09/23/2016

Applicant has not presented any information concerning the causes and reasons for her delinquent debts. She has not presented her plans to resolve the debts. She has failed to mitigate trustworthiness concerns based on financial issues. Eligibility for access to sensitive information is denied. CASE NO: 15-02741.h1


Financial

09/23/2016

Applicant accumulated 26 delinquent debts, 20 of which are student loans. He failed to mitigate the trustworthiness concerns raised under the financial considerations guideline. His eligibility for a public trust position is denied. CASE NO: 15-02313.h1


Financial

09/23/2016

Applicant failed to present sufficient information to mitigate the security concerns raised by her delinquent debts. Eligibility for access to classified information is denied. CASE NO: 15-01599.h1


Financial

09/23/2016

Applicant's financial problems were caused by events beyond her control, three years of unemployment between 2009 and 2012. Applicant has made arrangements toward the resolution of three of the five alleged SOR debts, representing 94% of the alleged debts. Clearance is granted. CASE NO: 15-01299.h1


Financial

09/23/2016

Applicant's financial problems were caused by circumstances beyond his control, and he is taking responsible steps to resolve them. Clearance is granted. CASE NO: 15-01294.h1


Financial

09/23/2016

Applicant's finances were adversely affected by circumstances beyond her control. She resolved 9 of the 10 SOR debts, and has one SOR debt left to resolve. She has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-00993.h1


Personal Conduct

09/23/2016

Applicant failed to mitigate security concerns raised by his dishonest conduct. Specifically, he was able to obtain employment with a federal contractor by deliberately providing false and misleading information about his educational qualifications. His false representations allowed him to maintain his eligibility for access to classified information. Clearance is denied. CASE NO: 14-06923.h1


Guideline f

09/23/2016

With his brief, Applicant submitted new evidence that the Board may not consider. Adverse decision affirmed. CASE NO: 14-05934.a1


Financial

09/23/2016

Although Applicant has demonstrated a desire and willingness to repair his finances, he has not demonstrated a sufficient track record of rehabilitation or debt repayment to mitigate the financial considerations concerns. Clearance is denied. CASE NO: 14-05082.h1


Guideline F; Guideline J; Guideline E

09/23/2016

This case has an unusual history, including three hearings that occurred over the better part of a year, each with a different Judge DOHA's authority to adjudicate an Industrial Security Clearance application is predicated upon the applicant's need for access to classified information. Should that need be terminated, DOHA is divested of jurisdiction, and all actions pursuant to the Directive cease. There are three exceptions to this rule, one of which arises when the applicant's need for a clearance terminates after "[a] hearing has commenced." In that situation, DOHA can continue to process the case through the appeal, if any. In this case a hearing to adjudicate Applicant's clearance commenced on March 12, 2015, at which time DOHA clearly possessed jurisdiction because Applicant's employer sponsored him. Applicant's employer did not take steps to separate him until months after that date, which was during pendency of the adjudication previously begun. That separation action did not divest DOHA of jurisdiction. The Judge was authorized to issue his Decision. This is true despite whatever Applicant's current employment status may be. CASE NO: 14-03753.a1


Personal Conduct

09/23/2016

Applicant failed to mitigate the concerns raised by his history of alcohol-related criminal conduct. Clearance is denied. CASE NO: 14-02669.h1


Guideline F

09/23/2016

Most of the document Applicant submitted on appeal were not previously submitted to the Judge and the Board is prohibited from receiving or considering them. Adverse decision affirmed. CASE NO: 12-01601.a1


Financial

09/22/2016

Applicant accumulated delinquent debts during an economic downturn that contributed to income losses of her family business between 2008 and 2012. She has since resolved her debts and restored her finances to respectable levels consistent with holding a public trust position. Financial concerns are mitigated. Eligibility to hold a public trust position is granted. CASE NO: 15-02686.h1


Financial; Personal Conduct

09/22/2016

Applicant mitigated the financial considerations security concerns. The Government failed to establish that Applicant deliberately falsified his security clearance application. Eligibility for access to classified information is granted. CASE NO: 15-02184.h1


Personal Conduct

09/22/2016

Applicant mitigated the security concerns raised by his history of minor law enforcement incidents by demonstrating that the punishments imposed were minimal to none, and Applicant had addressed the more serious domestic issues by undertaking a variety of counselings. Clearance granted. CASE NO: 15-01891.h1


Financial

09/22/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-01312.h1


Misconduct or Negligence in Employment; Criminal or Dishonest Conduct; Material, Intentional False Statement, Deception, or Fraud

09/22/2016

Applicant intentionally withheld relevant information from her federal employment application. She also resigned from a job after being told she would be fired for forging her employer's name on a letter, and she fraudulently tried to obtain unemployment benefits after voluntarily leaving another job. Applicant has also been arrested three times for theft and other offenses involving deception and false statements. Her request for CAC eligibility is denied. CASE NO: 15-00899.h1


Financial

09/22/2016

Applicant accumulated delinquent federal tax debts, adverse judgments, and other debts over several years, attributable in part to his divorce. Despite afforded opportunities to do so, he provided no evidence of any voluntary corrective steps taken to address his debts. Financial concerns are not mitigated. Clearance is denied. CASE NO: 14-04926.h1


Foreign Influence; Foreign Preference

09/21/2016

Applicant mitigated the security concerns raised by his use and possession of a Russian passport after he became a U.S. citizen. However, security concerns remain about his mother and sister, who are citizens and residents of Russia. Applicant's request for a security clearance is denied. CASE NO: 15-06345.h1


Financial

09/21/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-04600.h1


Financial

09/21/2016

Applicant has addressed all of the alleged past-due debt. Clearance is granted. CASE NO: 15-04138.h1


Guideline F; Guideline E

09/21/2016

Applicant argues that he is not financially overextended and that several of the financial consideration mitigating conditions should apply to him. Those arguments, however, are not sufficient to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-03727.a1


Financial

09/21/2016

Applicant failed to timely file his state income tax returns because he erroneously believed he was not required to file because he was receiving a refund. He has filed all the delinquent state income tax returns. He has mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-02504.h1


Personal Conduct, Financial, Criminal Conduct

09/21/2016

Applicant failed to mitigate the personal conduct, criminal conduct, and the financial considerations security concerns. Clearance is denied. CASE NO: 15-01689.h1


Financial

09/21/2016

Applicant has not mitigated the security concerns raised by her delinquent debts. Clearance is denied. CASE NO: 15-01686.h1


Financial; Personal Conduct

09/21/2016

Applicant did not falsify his 2014 security clearance application, as alleged. Therefore, there are no personal conduct security concerns. Conversely, Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 15-01325.h1


Criminal Conduct; Financial

09/21/2016

Applicant failed to mitigate the Guideline J (criminal conduct) and Guideline F (financial considerations) security concerns arising from his 2009 federal court felony conviction. Clearance is denied. CASE NO: 15-01099.h1


Financial

09/21/2016

Applicant has addressed all SOR allegations and resolved the delinquent debts. He provided sufficient documentation that he mitigated the allegation concerning the federal tax lien, and other debts. Eligibility for a security clearance is granted. CASE NO: 15-00789.h1


Guideline F

09/21/2016

Given that Applicant's delinquent debts have been in existence since at least 2006 and that most of them were unresolved as of the close of the record, a reasonable person could conclude that Applicant has exhibited a history of debt problems. Adverse decision affirmed. CASE NO: 14-01771.a1


Guideline F

09/21/2016

Applicant requests that he be granted a security clearance for one year and, after that year, his credit history be checked to see how he is doing. The Appeal Board, however, does not have authority to grant an interim, conditional, or probationary clearance. Adverse decision affirmed. CASE NO: 12-07700.a1


Financial

09/20/2016

Between 2009 and 2013, Applicant accumulated 11 delinquent debts, 8 of which he resolved. He mitigated the trustworthiness concerns raised under the financial considerations' guideline. His eligibility for a public trust position is granted. CASE NO: 15-05388.h1


Financial

09/20/2016

Applicant experienced financial difficulties between 2009 and 2014. He mitigated the security concerns raised under the guideline for financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-04808.h1


Guideline F

09/20/2016

Applicant failed to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-04153.a1


Guideline F

09/20/2016

Applicant failed to rebut the presumption that the Judge considered all of the evidence. The Government need not wait until someone has failed to safeguard classified information before it can deny a clearance. Adverse decision affirmed. CASE NO: 15-03334.a1


Guideline F

09/20/2016

The Appeal Board cannot consider new evidence on appeal. Error in Judge's findings is harmless. Applicant did not show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-03302.a1


Financial

09/20/2016

Applicant has eight delinquent student loans and other delinquent debts that are not paid, resolved or disputed. He had $60,000 of debt discharged in Chapter 7 bankruptcy, which was later revoked because of his failure to make payments to the Bankruptcy Trustee as required. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-02843.h1


Financial

09/20/2016

Applicant incurred delinquent debts during periods of recurrent unemployment and low-paying jobs. He has since addressed his debts with payoffs and payment plans and has restored his finances to stable levels consistent with requirements for holding a security clearance. Financial concerns are mitigated. Clearance is granted. CASE NO: 15-02309.h1


Financial, Personal Conduct

09/20/2016

Applicant refuted the personal conduct security concerns, but failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 15-01771.h1


Alcohol

09/20/2016

Applicant was arrested and charged with four alcohol-related criminal offenses between the early 1990s and 2013. He was found to be severely intoxicated at work in 2011. He relapsed following his completion of intensive outpatient alcohol treatment programs in both 2010 and 2011. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-01569.h1


Financial

09/20/2016

Applicant has numerous delinquent debts, including a federal tax debt. He indicated he had an installment agreement with the Internal Revenue Service, but did not provide proof of consistent payments. He recently filed Chapter 13 bankruptcy, but the plan was not yet approved. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-05611.h1


Financial

09/19/2016

Applicant defaulted on two mortgage loans and incurred more than $4,700 in delinquent medical debts over the past eight years despite continuous employment. He demonstrated neither sufficient explanation for these debts, nor changes to avoid recurring financial problems. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-03225.h1


Financial; Drugs

09/19/2016

Applicant has mitigated the security concerns raised by her use of marijuana, but she has not mitigated the concerns raised by her delinquent debts. Clearance is denied. CASE NO: 15-02480.h1


Guideline F; Guideline E

09/19/2016

Applicant raised a jurisdictional issue that requires additional fact finding. We do not have authority to engage in fact finding. Adverse decision remanded. CASE NO: 15-01138.a1


Financial

09/19/2016

Applicant has failed to demonstrate that he has addressed much of his very significant past-due debt. Clearance is denied. CASE NO: 15-00407.h1


Financial

09/19/2016

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 14-05094.h1


Financial; Personal Conduct

09/19/2016

Applicant has over $20,000 in past-due debts. He failed to disclose these debts on his e-QIP. Clearance is denied. CASE NO: 14-01915.h1


Financial

09/19/2016

Applicant has not mitigated the security concerns under the financial concerns guidline due to unresolved delinquent debts. Eligibility for a security clearance is denied. CASE NO: 12-08765.h1


Financial

09/16/2016

After being laid off, Applicant initially failed to exercise sufficient control over his expenses to maintain his various accounts in a current status. Several accounts, including his student loans, became delinquent or were placed into a default status. He engaged his creditors in attempts to establish payment plans. A bank merger created financial difficulties when his normal monthly student loan payments were, without his knowledge, disrupted and cancelled. He paid off one delinquent credit card 15 months before the SOR was issued. He entered into repayment installment agreements regarding his student loans. He was credited with paying $14,425.69 in state student loans. While it may take some time for those loans to be paid off, the student loans are being paid at a rate agreed to by the creditors. Applicant has only the three delinquent medical debts, and once he can identify the creditors and verify his responsibility for them, he intends to resolve them. In the absence of other delinquent accounts, there are clear indications that Applicant's finances are in good order and under control. His actions under the circumstances do not cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-02870.h1


Financial; Personal Conduct

09/16/2016

Applicant has refuted the allegations of falsifying his security clearance application and providing false information during a security interview. He has mitigated the security concerns raised by his drug-related personal conduct, but he has not mitigated the security concerns raised by his delinquent debts. Eligibility for access to classified information is denied. CASE NO: 15-01076.h1


Financial

09/16/2016

Applicant's finances were adversely affected, to some extent, by circumstances beyond her control. She recently resolved 2 of the 12 statement of reasons (SOR) debts, and she has 10 SOR debts left to resolve. She failed to establish a track record of debt payment and resolution. She does not understand that she is required to demonstrate financial responsibility to be eligible for a clearance. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-00621.h1


Financial; Foreign Influence

09/16/2016

Applicant was alleged to be delinquent on 16 debts. A number of the debts were listed in duplicate entries on the SOR. He has made a good-faith effort to address all of his delinquent accounts. He no longer has any foreign contacts that are citizens of, or residents in, Thailand. He met his burden to establish mitigation under the guidelines for both Financial Considerations and Foreign Influence. Eligibility for access to classified information is granted. CASE NO: 15-00265.h1


Financial

09/15/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-04553.h1


Financial

09/15/2016

Applicant failed to mitigate the security concerns raised by his $70,000 in delinquent education debt, none of which had been addressed, and by his March 2014 Chapter 13 bankruptcy petition which was confirmed in January 2015 and for which Applicant provided no proof of payment. Clearance denied. CASE NO: 15-01622.h1


Financial

09/15/2016

Applicant has a plan to resolve his financial problems, and he has taken significant action to implement that plan. Financial considerations security concerns are mitigated. CASE NO: 15-01101.h1


Financial

09/14/2016

Applicant has delinquent debts that are not paid, resolved or disputed. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-06899.h1


Financial

09/14/2016

Applicant incurred multiple delinquent debts. He has admitted that all the debts are the result of medical treatment for his child. He did not provide any documentary evidence that he has paid any of the debts nor established a payment plan. He intends to pay his debts when he is able. He did not provide documentation to mitigate the security concerns under the financial considerations guideline. Eligibility for a security clearance is denied. CASE NO: 14-06627.h1


Financial

09/14/2016

Applicant failed to file his federal income tax returns for tax years 2008 through 2013. The returns were filed 18 months before his hearing. He has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 14-04975.h1


Financial

09/14/2016

Applicant's financial problems stemmed from circumstances beyond her control. Given the responsible and diligent manner that she has attempted to ameliorate her financial problems, obtaining a Chapter 7 bankruptcy after exhausting other remedies, and continuously working with the holder of her home mortgage to modify her home loan, I conclude that she has mitigated the financial considerations security concern. Clearance is granted. CASE NO: 14-04865.h1


Financial

09/14/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt. He incurred the debt as a result of several matters beyond his control, including divorce and unstable employment. He took responsible action to address and resolve his debts. His financial situation no longer raises a concern about his ability to handle and safeguard classified information. Clearance is granted. CASE NO: 12-09470.h1


Financial

09/13/2016

Applicant started experiencing financial difficulties between 2006 and 2013, many related to real estate investments. He mitigated the security concerns raised under the guideline for financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-04614.h1


Financial

09/13/2016

Applicant's financial problems were caused by circumstances beyond his control. He has either paid his delinquent debts or caught up with the monthly bills that were delinquent. I conclude that he has mitigated the security concern. Clearance is granted. CASE NO: 15-03689.h1


Financial

09/13/2016

Applicant formerly had some delinquent debts that arose without his knowledge. He took responsible steps to address them, all are now resolved, and recurrence is unlikely. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 15-01557.h1


Guideline F

09/13/2016

Applicant failed to rebut the presumption that the Judge considered all of the evidence. The Judge's findings contain no harmful error. The whole-person analysis complies with the Directive in that the Judge considered the totality of the evidence. Adverse decision affirmed. CASE NO: 15-01690.a1


Drugs; Personal Conduct

09/13/2016

Applicant mitigated the security concerns generated by his illegal drug use, but failed to mitigate the security concerns generated by his falsifications during the investigative process. Clearance is denied. CASE NO: 15-00977.h1


Financial; Drugs; Personal Conduct

09/13/2016

Applicant mitigated the security concerns raised by his drug involvement, but he has not mitigated the security concerns raised by his failure to timely file federal and state income tax returns, an unresolved utility debt, and falsification of his security clearance application by failing to disclose his drug involvement. CASE NO: 15-00795.h1


Financial

09/13/2016

Applicant has not mitigated the security concerns caused by his financial situation. Clearance is denied. CASE NO: 14-06781.h1


Guideline H

09/13/2016

Applicant has raised no issue on harmful error. Our authority to review a case is limited to those in which a party has raised an issue of harmful error. Adverse decision affirmed. CASE NO: 14-06419.a1


Financial

09/13/2016

Applicant went through a long, contentious, and costly divorce and custody case, during which he did not pay his debts and his taxes. He owes the IRS about $84,000 and a large amount of other debts. Clearance is denied. CASE NO: 14-03301.h1


Guideline F; Guideline E

09/13/2016

The Judge's error in her findings of fact was harmless. The record contains substantial evidence that Applicant's false statement was deliberate. Applicant did not rebut the presumption that the Judge considered all of the evidence. The interview summary stated that there is nothing in Applicant's record that would subject him to blackmail. This was Applicant's answer to the interviewer's question, not the interviewer's opinion as to Applicant's security eligibility. Adverse decision affirmed. CASE NO: 12-12139.a1


Guideline C

09/12/2016

Applicant argues that her dual citizenship has not caused a concern with her performance of duty. The government need not wait until an individual mishandles or fails to safeguard protected information before it can make an unfavorable public trust decision. Adverse decision affirmed. CASE NO: 15-05418.a1


Foreign Influence, Foreign Preference

09/12/2016

Applicant's immediate family lives in Iraq and he maintains close ties with them. He continues to receive a military retirement pension from Iraq that he gives to his family to support them. He failed to mitigate the foreign influence and foreign preference security concerns. Clearance is denied. CASE NO: 15-03523.h1


Foreign Influence; Financial

09/12/2016

Applicant is a native-born American of Iranian ancestry. Her dual-national mother has lived in the United States since 1975, and her dual-national, native-born American brothers have little connection with Iran. Furthermore, she has little connection with her Iranian half-brother, and less with her Iranian cousin. She has filed her 2011 Federal income tax return more than two years ago, and is current with her income tax filings. Clearance is granted. CASE NO: 15-03450.h1


Financial

09/12/2016

Applicant did not provide enough evidence of her payment history on her student loans. She paid one $498 debt that was alleged on her statement of reasons. She said she disputed other debts; however, she did not provide documentary evidence of those disputes. Her financial records do not establish her financial responsibility. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-02957.h1


Financial

09/12/2016

Applicant incurred delinquent debts that date back to 2009. He did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02753.h1


Financial, Personal Conduct

09/12/2016

Applicant failed to timely file federal and state tax returns. He deliberately failed to disclose this information 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: 15-02689.h1


Guideline F; Guideline E

09/12/2016

The Judge examined the relevant data and articulated a satisfactory explanation for the decision. The decision is sustainable on this record. Adverse decision affirmed. CASE NO: 15-02400.a1


Foreign Influence

09/12/2016

Applicant's primary connections to India are though his siblings and to property he owns in India. His contacts with his siblings are three or four times a year. His property interests in India have an estimated fair market value of about $500,000, and his property interests in the United States are valued at about $4,200,000. He is divesting himself of his property in India. Applicant, his spouse, and his children are not citizens of India. They are citizens and residents of the United States. Applicant's connections to the United States are much greater than his connections to India. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 15-00603.h1


Foreign Influence; Personal Conduct

09/12/2016

Applicant controls a business in India. The business provides products to the Indian military. Applicant has contacts with Indian Government officials and businesses in India. He denied that he controlled a business in India, and he denied his contacts with Indian Government officials and businesses in his 2011 security clearance application. Foreign influence and personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-12243.h1


Guideline F

09/12/2016

Applicant's arguments are neither enough to rebut the presumption that the Judge considered all of the evidence in the record nor are they sufficient to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 12-12188.a1


Financial

09/12/2016

Applicant failed to meet his burden to mitigate the security concerns raised under Guideline F (Financial Considerations). Eligibility for access to classified information is denied. CASE NO: 12-06995.h1


Financial

09/09/2016

Applicant has not mitigated the trustworthiness concerns under the financial considerations guideline. He presented no information to show that he has paid or addressed his delinquent debts. Eligibility for a position of public trust is denied. CASE NO: 15-02446.h1


Financial

09/09/2016

Applicant submitted sufficient evidence in mitigation showing that she is successfully resolving her delinquent debts. Clearance is granted. CASE NO: 15-02390.h1


Financial

09/09/2016

Applicant incurred delinquent debt after he was terminated from his job in April 2012. He was unemployed until July 2014. He has been gainfully employed since then. He paid only 3 of the 16 SOR debts pertaining to tax liens. He did not present any documents to establish he paid the remaining 13 SOR debts. He failed to mitigate security concerns based on his finances. Eligibility for access to classified information is denied. CASE NO: 15-01476.h1


Financial

09/09/2016

Applicant incurred delinquent debts, however her finances are now under control. Her failure to disclose these debts as required was unintentional. She has mitigated the Guidelines F and E concerns. Eligibility for access to classified information is granted. CASE NO: 15-01300.h1


Financial

09/09/2016

Applicant incurred delinquent debts which date to 2008. He did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00706.h1


Financial; Personal Conduct

09/09/2016

Applicant has unresolved financial problems, and he intentionally provided false information about his finances on his 2013 Questionnaire for National Security Positions. Clearance is denied. CASE NO: 14-06281.h1


Financial

09/09/2016

Applicant had six delinquent debts totaling $38,948. His financial problems began following his 1998 divorce and ongoing financial fallout. Later in 2013, he encountered a depressed housing market when he tried to sell his house. To compound his financial problems further, his oldest son stole his identity to support his prescription painkiller addiction. Applicant has paid, settled, or successfully disputed all six of his debts. Clearance is granted. CASE NO: 14-03984.h1


Foreign Influence

09/09/2016

Applicant's wife and stepdaughter are Ukrainian citizens, but have resided permanently in the United States since shortly after he applied to renew his clearance. His widowed mother-in-law, a retired municipal worker, still lives in Ukraine that is remote from areas of recent conflict. He fully mitigated resulting security concerns. Eligibility for access to classified information is granted. CASE NO: 12-10011.h1


Financial

09/08/2016

Applicant has significant past-due debt that he has yet to address. Clearance is denied. CASE NO: 14-07040.h1


Foreign Preference; Foreign Influence

09/07/2016

Applicant was born and raised in Syria. His father, sister, uncle, and extended family members are all resident citizens of Syria, and he contributes to the financial support of his father, sister, and uncle. In 2011 he was visiting his family in Syria and obtained a Syrian passport, despite becoming a naturalized U.S. citizen in 1994. He has since destroyed his Syrian passport. He mitigated the security concerns under Foreign Preference, but failed to mitigate the Foreign Influence security concerns. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 15-08893.h1


Financial

09/07/2016

Applicant incurred delinquent medical and other debts because she was a single mother working low-paying employment with no health insurance. She has been gainfully employed since August 2014, but she has not presented any evidence to show that she has taken steps to resolve her delinquent debts. She has not mitigated security concerns based on her finances. Eligibility for access to classified information is denied. CASE NO: 15-04487.h1


Foreign Influence; Foreign Preference

09/06/2016

Applicant is a naturalized U.S. citizen with dual citizenship with the United Kingdom (U.K.). He has family and friends who are citizens and residents of the U.K who present no heightened risks of pressure or coercion from U.K. government and military officials. While employed in the U.K, Applicant earned U.K. pension entitlements that he has continued to receive since becoming a U.S. citizen. His pension rights are covered by a U.S.-U.K. pension benefit agreement and, as such, create no U.K. preference concerns. Foreign influence and foreign preference concerns are mitigated. Clearance is granted. CASE NO: 15-02891.h1


Financial

09/02/2016

Applicant has not mitigated the security concerns raised by her delinquent debts. Clearance is denied. CASE NO: 15-02502.h1


Financial

09/02/2016

Applicant did not file his federal and state tax returns for 2010 and 2011 as required. He presented sufficient evidence to establish that the tax returns have been filed and all taxes paid or refunds received. Applicant mitigated security concerns based on a failure to meet his financial obligations. Eligibility for access to classified information is granted. CASE NO: 14-06115.h1


Financial

09/02/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 12-11376.h1


Financial

09/01/2016

Applicant's statement of reasons lists eight debts totaling $44,846. Seven of those debts are for student loans, and the remaining debt is a judgment for failure to pay his landlord. His indebtedness has been ongoing since 2008. Applicant failed to provide sufficient mitigating evidence. Clearance is denied. CASE NO: 15-05090.h1


Criminal or Dishonest Conduct

09/01/2016

Common Access Credentialing (CAC) concerns were identified as a result of Applicant's ten-year history of serious criminal misconduct. Applicant failed to provide sufficient evidence required to mitigate those concerns. CAC eligibility is denied. CASE NO: 15-02128CAC.h1


Financial; Alcohol; Personal Conduct

09/01/2016

While Applicant has addressed the alleged past-due debts, and ceased the consumption of alcohol over eight years ago, he falsified his e-QIP as to his admitted past-due debts and past alcohol related incidents. Clearance is denied. CASE NO: 15-02036.h1


Drugs

09/01/2016

Applicant smoked marijuana with varying frequency from July 1995 to November 2012. He purchased marijuana between July 1995 and January 2008. Applicant does not intend any future illegal drug involvement. Clearance is granted. CASE NO: 15-01720.h1


Financial

09/01/2016

Applicant is a 54-year-old employee who is seeking to retain a security clearance. The evidence is sufficient to explain and mitigate his financial problems or difficulties. Eligibility is granted. CASE NO: 12-10921.h1


Personal conduct

08/31/2016

Applicant successfully refuted personal conduct security concerns regarding falsification allegations and his reason for leaving a job. Clearance is granted. CASE NO: 15-06705.h1


Financial

08/31/2016

Applicant's federal tax returns were not timely filed for several years, and he has owed federal tax authorities thousands of dollars since the late 1990s. In the last four years, he has made progress; and his current federal tax debt is about $38,000. He resolved the other debts alleged in his statement of reasons. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-04096.h1


Drugs

08/31/2016

Applicant illegally used marijuana with varying frequency from 2010 to at least May 2015. His evidence is insufficient to mitigate the drug involvement security concerns. Clearance is denied. CASE NO: 15-03184.h1


Financial

08/31/2016

Applicant failed to present sufficient information to mitigate the security concerns raised by her delinquent debts. Eligibility for access to classified information is denied. CASE NO: 15-03002.h1


Financial

08/31/2016

Applicant did not provide sufficient evidence to mitigate the trustworthiness concerns raised by her delinquent debts. Eligibility for access to sensitive information is denied. CASE NO: 15-02961.h1


Drug Involvement

08/31/2016

Applicant used marijuana with varying frequency from approximately August 1999 to March 2014. He was arrested in 2007 for possession of marijuana and drug paraphernalia, and he stated he cannot say with certainty that he will not use marijuana again. Applicant has not mitigated the substantive drug involvement security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02567.h1


Financial

08/31/2016

Applicant's ability to timely file his tax returns was adversely affected, to some extent, by circumstances beyond his control. Notwithstanding, he failed to show financial responsibility when he failed to file his tax returns for five consecutive years and acquired a substantial tax debt to the IRS and his state. Eligibility for access to classified information is denied. CASE NO: 15-01982.h1


Financial; Personal Conduct

08/31/2016

Applicant has not mitigated the security concerns raised by his delinquent debts and falsification of his security clearance application. CASE NO: 15-01823.h1


Drugs; Personal Conduct

08/31/2016

Applicant used marijuana from 1979 until 2013. His early use was frequent and his later use was sporadic. He had periods of time that he did not use marijuana. He admitted using marijuana in 2007 and then again in 2013. He deliberately did not report his 2007 and April 2013 use on his security clearance application. Eligibility for access to classified information is denied. CASE NO: 15-01345.h1


Personal Conduct

08/31/2016

Applicant deliberately falsified his April 2014 security clearance application. Clearance is denied. CASE NO: 15-00758.h1


Financial

08/31/2016

Applicant mitigated the security concerns raised as a consequence of a delinquent mortgage, unpaid student loans, and other delinquent debts. Eligibility for access to classified information is granted. CASE NO: 15-00740.h1


Financial

08/31/2016

Applicant has not mitigated the security concerns raised by his failures to timely file his federal and state income tax returns and his delinquent debts. Clearance is denied. CASE NO: 15-00490.h1


Foreign Influence

08/31/2016

Applicant immigrated to the United States for graduate education and held a tenured position at a U.S. university for many years. He left that position for a two-year teaching position at a university in Hong Kong, and recently agreed to remain there for two more years. He failed to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00174.h1


Financial

08/31/2016

The statement of reasons alleges 15 delinquent debts totaling $41,919, including one federal and two state tax debts, and a Chapter 13 bankruptcy was dismissed in 2004. He has made some progress paying his delinquent tax debts and improving his finances. However, his history of owing federal and state income taxes continues to raise unresolved financial considerations security concerns. Access to classified information is denied. CASE NO: 15-00029.h1


Security Violations; Information Technology; Personal Conduct

08/31/2016

Applicant repeatedly violated information technology and security requirements by downloading, storing, and printing classified information without proper authority. Clearance is denied. CASE NO: 14-05396.h1


Financial

08/31/2016

Applicant failed to file his Federal and state income tax returns for tax years 2007 through 2012 in a timely manner. He also had seven delinquent medical or consumer debts, five of which he later repaid. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-03085.h1


Criminal Conduct, Sexual Behavior

08/31/2016

Applicant failed to mitigate the security concerns raised under the guidelines for criminal conduct and sexual behavior. Eligibility for access to classified information is denied. CASE NO: 14-02422.h1


Foreign Influence; Foreign Preference; Personal Conduct

08/31/2016

Applicant is a naturalized U.S. citizen originally from Hong Kong. She has mitigated the foreign preference concerns raised obtaining a Hong Kong identification card in 2013 as well as the foreign preference and personal conduct concerns raised by her relationship with a former high-school classmate who is a citizen and resident of Hong Kong. Clearance is granted. CASE NO: 14-02049.h1


Financial

08/31/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 12-11914.h1


Financial

08/31/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 12-08907.h1


Financial

08/30/2016

In 2006 or 2007, because of her immaturity and financial irresponsibility, Applicant incurred more debt than she could afford. At some point, Applicant had insufficient money to maintain all of her monthly payments. Various accounts became delinquent and were placed for collection, and sometimes charged off. Two automobiles were repossessed. Her financial irresponsibility continues until the present day, for while she is burdened by substantial delinquent debts, she recently purchased a 2016 automobile with a monthly payment of $538, an amount she can ill-afford. Applicant has acknowledged debts totaling $42,035, including her SOR-related debts of $16,273. From 2011 until two weeks after the hearing, she made 15 rather insignificant payments. Although her purported repayment plan calls for monthly payments of $1,121, it is clear that she cannot follow through with her plan. With insufficient funds to even meet her monthly expenses, there are clear indications that Applicant's financial problems are no closer to becoming under control. Her actions under the circumstances cast substantial doubt on her current reliability, trustworthiness, and good judgment. Eligibility is denied. CASE NO: 15-07065.h1


Financial

08/30/2016

Applicant mitigated the trustworthiness concerns raised under the guideline for financial considerations. Eligibility for access to ADP I/II/III sensitive information is granted. CASE NO: 15-04471.h1


Guideline F

08/30/2016

Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Neither has he shown that the Judge mis-weighed the evidence. Beyond those two issues, Applicant's brief fails for lack of specificity. Adverse decision affirmed. CASE NO: 14-04878.a1


Guideline F

08/30/2016

The Appeal Board cannot consider new evidence. Applicant did not raise an issue of harmful error. Adverse decision affirmed. CASE NO: 14-03799.a1


Financial

08/29/2016

Applicant has a history of delinquency on routine living expenses because of her unemployment, low income, and ongoing medical expenses for her oldest son. On workers' compensation since April 2016, she lacks the income presently to address her debts, which total approximately $10,000. She is incurring no new debt that could compromise her finances further. Her debt is not so excessive to deny her the clearance that she needs to pay it. Clearance is granted. CASE NO: 15-06052.h1


Financial; Personal Conduct

08/29/2016

Applicant did not intentionally omit adverse information from his security clearance application. But he failed to mitigate the security concerns raised by his failure to take any action to pay or otherwise resolve his delinquent credit card debt. His request for a security clearance is denied. CASE NO: 15-03832.h1


Financial

08/29/2016

Applicant's financial problems arose in mid-2008, associated with the national real estate market implosion, when his real estate investment activities turned sour. His tenants bailed out and it was nearly impossible to replace them. He was burdened by zero rental income. Nevertheless, Applicant continued making his monthly mortgage payments until he exhausted his savings. He contacted his mortgage lenders in an effort to renegotiate or refinance his mortgages. He tried selling his properties. He was not successful. Four rental properties were foreclosed and sold, in most instances for amounts that settled the defaulted mortgages. He has savings, a good monthly remainder available for saving or spending, and an excellent credit score. In the absence of other delinquent accounts, there are clear indications that Applicant's finances are in good order and under control. His actions under the circumstances do not cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-03586.h1


Financial

08/29/2016

Applicant has not mitigated the security concerns raised by his delinquent debts, failure to timely file federal and state income tax returns, and misuse of his employer's credit card. Clearance is denied. CASE NO: 15-03077.h1


Financial; Personal Conduct

08/29/2016

Applicant incurred delinquent debts during periods of unemployment and personal distress. Additionally, she failed to report two past criminal matters in her SF 86. Applicant did not mitigate the financial considerations and personal conduct trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 15-02944.h1


Criminal; Alcohol

08/29/2016

Applicant's acceptance of responsibility for his actions and his responsible use of alcohol are sufficient to mitigate the security concerns raised by his use of alcohol and his related criminal conduct. His request for a security clearance is granted. CASE NO: 15-02804.h1


Financial; Personal Conduct

08/29/2016

Applicant mitigated the security concerns raised by his financial problems and his arrest record. Available information did not establish that he intended to make a false statement or to mislead the Government by omitting information about his arrest record from his most recent security clearance application. His request for a security clearance is granted. CASE NO: 15-01165.h1


Criminal Dishonest Conduct; Material, Intentional False Statement, Deception, or Fraud; Alcohol Abuse

08/29/2016

On November 26, 2013, Applicant submitted a Declaration for Federal Employment (Optional Form (OF) 306). He falsely denied that he had been on probation or received a conviction in the previous seven years. Actually, he received two misdemeanor-level convictions in 2010, and he was on probation at the time he signed his OF 306. The falsification of his OF 306 is recent and demonstrated a serious lapse in judgment. All of his criminal conduct was alcohol related and occurred before 2011. He ended his alcohol consumption in December 2009. Criminal dishonest conduct and alcohol abuse common access card (CAC) credentialing concerns are mitigated; however, material, intentional false statement, deception, or fraud in connection with federal or contract employment concerns are not mitigated. CAC credentialing eligibility is denied. CASE NO: 15-00898.h1


Financial

08/29/2016

Applicant is a 47-year-old employee who is seeking to retain a security clearance. The evidence is sufficient to explain and mitigate her financial problems or difficulties. Eligibility is granted. CASE NO: 15-00392.h1


Financial

08/29/2016

Applicant did not file timely federal or state income tax returns for several tax years. Some of his student loans and other consumer credit accounts became seriously delinquent between 2008 and 2014. He brought his student loans current in October 2015, filed his delinquent federal and state income tax returns in late 2015, and paid off several of his other debts in early 2016. Installment plans are not yet in place for his delinquent federal and state taxes totaling more than $11,000. His handling of his income tax filing obligations continues to cause security concern. The financial considerations concerns are not fully mitigated. The personal conduct concerns are not established because he did not intentionally falsify his security clearance application. Clearance is denied. CASE NO: 14-06808.h1


Financial

08/29/2016

Applicant failed to mitigate the security concerns raised by his $10,000 delinquent debts, none of which had been addressed. Clearance denied. CASE NO: 12-10172.h1


Financial

08/26/2016

Applicant's initial financial problems were caused in 1999 when her husband left the marital residence, leaving Applicant with two small children and zero child support. What followed was an extended period of her reliance on credit cards to pay her bills. With insufficient income to address her debts, those accounts lay dormant until 2013. During 2013 and 2014, Applicant utilized the professional services of a debt consolidation, settlement, and payment organization in an effort to r esolve her debts. She paid the company $500 each month during that period, but had to stop when she had insufficient funds to continue doing so. As soon as she had accumulated additional funds to be able to restart her debt resolution efforts, Applicant contacted her creditors to set up repayment plans and started making payments. She is on a repayment plan with one creditor and has reduced the original unpaid balance substantially to a more manageable settlement offer. She resolved the four other SOR debts. In the absence of other delinquent accounts, there are clear indications that Applicant's finances are in good order and under control. Her actions under the circumstances do not cast doubt on her current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-05871.h1


Financial; Personal Conduct

08/26/2016

Applicant was alleged to have failed to file his Federal tax returns for tax years 2009 through 2012 and his state tax returns for tax years 2004, and 2008 through 2012, as required by law. Both Federal and state tax liens were filed against him for delinquent taxes. He resolved his state tax lien and is making payments toward the resolution of the Federal tax lien. He verbally contested the two remaining SOR-alleged debts, but failed to document the basis for, or demonstrate a good-faith effort to resolve the disputes. He falsified information regarding his financial record on his 2013 Electronic Questionnaires for Investigations Processing (e-QIP). Applicant failed to mitigate either the financial concerns or the personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 15-03458.h1


Drugs; Criminal Conduct; Personal Conduct

08/26/2016

Applicant failed to mitigate the Drug Involvement, Criminal Conduct, and Personal Conduct security concerns. Security concerns arose out of Applicant's marijuana use between 1999 and July 2013, to include its use while holding a security clearance after 2004. He tested positive for marijuana on a random urinalysis conducted in July 2013. Additionally, he was counseled for underage drinking in 2005; and violated orders to abstain from alcohol use in February 2006 and June 2006. He also was terminated by an employer in 2009 for wrongful behavior. Eligibility for access to classified information is denied. CASE NO: 15-02854.h1


Financial

08/26/2016

Applicant has not mitigated the security concerns under the above guideline. He has unresolved delinquent debt, which he intends to resolve. He has two tax liens (one federal and one state). However, he has not provided any documentation to show payment plans or any payments that he has made. He has not met his burden of proof. Clearance is denied. CASE NO: 15-02633.h1


Financial

08/26/2016

Applicant incurred delinquent debts through a failed relationship. She reported her difficulties to her employer and fully resolved the debts. Her financial issues are under control. Eligibility for access to sensitive information is granted. CASE NO: 15-02385.h1


Drugs

08/26/2016

Applicant purchased and used marijuana over a period of years to 2012 to self-medicate a chronic pain condition. He failed to offer substantial evidence in mitigation. His drug involvement concerns are not mitigated. Public trust eligibility is denied. CASE NO: 15-02177.h1


Financial

08/26/2016

Applicant has not mitigated the security concerns raised by her delinquent debts. Clearance is denied. CASE NO: 15-01832.h1


Financial

08/26/2016

Applicant was alleged to be delinquent on nine debts in the total amount of $99,535. He failed to resolve any of them. He did not meet his burden to establish mitigation. Eligibility for access to classified information is denied. CASE NO: 15-01451.h1


Financial; Personal Conduct

08/26/2016

Applicant has unresolved financial problems and he intentionally provided false information about his finances on his 2014 Questionnaire for National Security Positions. Clearance is denied. CASE NO: 15-01444.h1


Guideline F; Guideline E

08/26/2016

We conclude that the Judge's finding about the deliberate nature of Applicant's omission from his security clearance application is supported by substantial evidence, given the clarity of the questions, Applicant's experience with holding a clearance, and his inconsistent statements. Adverse decision affirmed. CASE NO: 15-00254.a1


Alcohol; Personal Conduct

08/26/2016

Applicant's evidence was insufficient to mitigate security concerns raised by three alcohol-related arrests over an eight-year period. Clearance is denied. CASE NO: 12-09900.h1


Financial

08/26/2016

Applicant is alleged to be delinquent on 12 debts, in a total exceeding $137,000. Applicant filed Chapter 13 bankruptcy on August 15, 2016. He failed to mitigate the security concerns raised by his unresolved debts. Eligibility for access to classified information is denied. CASE NO: 12-06098.h1


Guideline F; Guideline E

08/26/2016

Error in the Judge's findings is harmless. Disagreement with the Judge's weighing of the evidence not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. No new evidence may be considered on appeal. Adverse decision affirmed. CASE NO: 15-01208.a1


Drugs

08/25/2016

Applicant used marijuana on numerous occasions, from 2007~2013, after having been granted a security clearance, the last time in June of 2013. Clearance is denied. CASE NO: 15-03403.h1


Financial

08/25/2016

Applicant mitigated security concerns raised by delinquent debt that he incurred during a two-year period of unstable employment. After being by hired his current employer, Applicant began responsibly addressing his trouble finances. He provided documentation showing a track record of debt repayments spanning a period of over three years, and the record evidence reflects he has not accumulated other delinquent debt since being hired by his current employer. Applicant established his eligibility for access to classified information. CASE NO: 15-02827.h1


Financial; Personal Conduct

08/25/2016

Applicant accumulated a number of delinquent debts between 2009 and 2015 that she has insufficiently addressed. Her efforts, while encouraging, are not enough to ensure she can resolve her remaining debts and restore her overall finances to current status in the foreseeable future. Financial concerns are not mitigated. Personal conduct concerns associated with her omissions of her delinquent debts in the e-QIP she completed in 2012 also are not mitigated. Eligibility for a public trust possition is denied. CASE NO: 15-01960.h1


Financial; Drugs

08/25/2016

Applicant mitigated the security concerns raised by his drug involvement, but he has not mitigated the concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-01438.h1


Financial

08/25/2016

Applicant experienced financial difficulties that were beyond his control and which he is resolving. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-00699.h1


Foreign Influence; Foreign Preference

08/25/2016

Applicant's foreign family contacts create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion, and an unacceptable security risk. The mitigating information is insufficient to fully overcome the foreign influence security concerns. Foreign preference security concerns are mitigated. Clearance denied. CASE NO: 14-02971.h1


Financial

08/25/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 12-09730.h1


Foreign Influence

08/24/2016

Applicant mitigated the foreign influence security concerns with respect to family members, who are citizens and residents of India, and the fact that her father is a retired member of the Indian armed forces. Based upon a review of the record as a whole, eligibility for access to classified information is granted. CASE NO: 15-02966.h1


Financial

08/24/2016

Applicant incurred ten debts totaling $23,842. She experienced intermittent unemployment and was treated for depression over a two-year period. Applicant paid nine of those debts and set up a payment plan for the remaining debt. Clearance is granted. CASE NO: 15-01592.h1


Financial

08/24/2016

Applicant has had a history of overdue debts, and he has not resolved or reduced any of them. Mitigation has not been shown. Clearance is denied. CASE NO: 15-01265.h1


Financial

08/24/2016

Applicant's financial problems began in 2011 and continue to the present. She failed to present sufficient evidence to mitigate the financial trustworthiness concerns. Based upon a thorough review of the pleadings, exhibits, and testimony, eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 15-01017.h1


Financial

08/24/2016

Applicant's initial financial problems do not appear to have been caused by events that were largely beyond his control. To the contrary, as he, himself, expressed, there was a lack of planning on his part. The significant life-event that resulted in the reappearance of financial difficulties occurred in March 2005 when he lost his job, followed by an extended period of unemployment, part-time employment, and underemployment, all resulting in greatly reduced income. To generate income, Applicant took small odd jobs with low pay, as well as full-time underemployment as a laborer or picker. He managed to maintain his newer accounts, and while he attempted to address his delinquent debts with the assistance of a professional credit counselor, the absence of sufficient income, eventually accompanied by additional medical issues, precluded more timely success. Many of the accounts have been resolved. A fire in December 2015 disrupted everything by causing new expenses and destroying documentary evidence of his earlier debt resolution efforts. Nevertheless, there are clear indications that Applicant's finances are in good order and under control. His actions under the circumstances do not cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-00155.h1


Foreign Influence

08/24/2016

Applicant was born and raised in Afghanistan. He served as a contract interpreter/translator and cultural advisor for coalition forces and U.S. leaders over the past decade. His parents, sister, fiancé, and extended family members are all resident citizens of Afghanistan, and he is the sole source of financial support for many of them. He failed to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 14-06893.h1


Criminal Conduct; Personal Conduct;

08/24/2016

Applicant was involved in or committed 27 criminal acts or rule violations over a period from 1997 to 2012. Applicant also failed to provide complete, honest answers regarding his conduct on an e-QIP that he complected in 2013. Mitigation has not been shown. Clearance is denied. CASE NO: 14-05467.h1


Financial; Personal Conduct

08/24/2016

Applicant has had a history of overdue debts, the majority of which have not been resolved or reduced. Applicant did not furnish complete, accurate information regarding her time on probation on a Security Clearance Application. Mitigation has not been shown. Clearance is denied. CASE NO: 14-04272.h1


Financial; Alcohol

08/23/2016

Applicant has a history of financial delinquencies and excessive alcohol consumption. He presented sufficient evidence to mitigate both the financial consideration and alcohol consumption security concerns. Eligibility for access to classified information is granted. CASE NO: 15-02693.h1


Financial

08/23/2016

Applicant was alleged to have failed to file his Federal and state income tax returns for tax years 2007 through 2012. He failed to present sufficient evidence that all those tax returns have subsequently been filed. Additionally, he had $4,327 in delinquent debt. He resolved two of his five delinquent debts. He failed to show he has taken responsible actions on his remaining financial obligations. Eligibility for access to classified information is denied. CASE NO: 15-02692.h1


Financial

08/23/2016

Applicant is a 57-year-old employee who is seeking to retain a security clearance. The evidence is not sufficient to explain and mitigate his financial problems or difficulties. Eligibility is denied. CASE NO: 15-02477.h1


Financial; Personal Conduct

08/23/2016

Applicant has taken steps to correct her financial problems. However, she intentionally provided false information about her finances on her 2012 Questionnaire for National Security Positions. Clearance is denied. CASE NO: 15-01724.h1


Financial

08/23/2016

Applicant's evidence is insufficient to show that she has a track record of financial responsibility and that her financial problems are under control. She failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-01493.h1


Financial; Personal Conduct

08/23/2016

Applicant's statement of reasons alleges 13 delinquent debts, totaling $55,026. In March 2016, her nonpriority unsecured debts, including all SOR debts, were discharged under Chapter 7 of the Bankruptcy Code. She intentionally failed to disclose her delinquent debts on her July 27, 2012 Electronic Questionnaire for National Security Positions (e-QIP) or security clearance application (SCA). She falsely denied having any work-related reprimands and suspensions in the past seven years on her SCA. Financial considerations security concerns are mitigated; however, personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-01442.h1


Financial; Drugs

08/23/2016

Applicant accumulated numerous delinquent debts over a number of years (mostly student loans) that remain in delinquent status. Despite afforded opportunities to do so, she provided only limited documentation of student loan payments and no written proof of (a) her return to rehabilitation status of her federally guaranteed student loans, or (b) payments or payment plans with her remaining creditors (except for the partial satisfaction of one debt through involuntary garnishment). Financial concerns are not mitigated. Applicant's admitted use of marijuana over a four-year period is mitigated by her demonstrated abstinence of drug use since July 2011. Clearance is denied. CASE NO: 15-00094.h1


Personal Conduct, Financial, Alcohol

08/23/2016

Applicant was convicted threes times of DUI. He recently began to abstain from consuming alcohol, but not enough time has passed to conclude alcohol is no longer a problem. Applicant did not deliberately fail to disclose he had delinquent debts on his security clearance application. He accumulated numerous delinquent debts that are not resolved. Applicant mitigated the personal conduct security concerns under Guideline E. He failed to mitigate the security concerns under Guideline G, alcohol consumption, and Guideline F, financial considerations. Clearance is denied. CASE NO: 14-05362.h1


Personal Conduct

08/23/2016

Applicant was charged with patronizing a prostitute. He provided compelling evidence that he did not commit the offense. Applicant mitigated the security concerns under Guideline E, personal conduct. Clearance is granted. CASE NO: 12-07071.h1


Financial

08/22/2016

The statement of reasons (SOR) alleges two federal income tax liens filed in 2011, totaling $39,982. The SOR also alleges Applicant owes federal income taxes for tax years 2009 through 2011. He made some progress resolving his federal income tax debt; however, his history of owing federal income taxes continues to raise unresolved financial considerations security concerns. Access to classified information is denied. CASE NO: 15-00881.h1


Financial; Personal Conduct

08/20/2016

Applicant's sole financial problems supposedly arose in June 2011, the same time that her home mortgage was assigned from one bank to a subsidiary. The mortgage lender and its various alter-egos denied receiving any further mortgage payments, but Applicant contended that such payments were being made by her or her husband to her credit union, the holder of her second mortgage. Despite her protestations, a foreclosure ensued and the residence was sold months before the Statement of Reasons was issued. Applicant never had an inability or unwillingness to satisfy her debts, and has no other delinquencies. Her response as to her financial record was accurate and consistent with her true belief as to the financial situation. There are clear indications that Applicant's finances are in good order and under control. Her actions under the circumstances do not cast doubt on her current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-04099.h1


Financial

08/19/2016

Applicant is a 48-year-old employee who is seeking to retain a security clearance. The evidence is sufficient to explain and mitigate his financial problems or difficulties. Eligibility is granted. CASE NO: 15-04635.h1


Financial

08/19/2016

Applicant's purported financial problems arose because of mistaken identity when the credit reporting agencies confused Applicant's accounts with those of his twin brother. Of the eight debts, totaling $28,380, alleged in the SOR, five were determined to belong to Applicant's twin brother. Applicant was not aware of the three remaining debts totaling $192. Once he learned the true status and responsibility of the accounts, he promptly resolved two of them, and he is currently researching the sole remaining account. Applicant never had an inability or unwillingness to satisfy his debts, and the existence of two, or possibly, three small debts (two of which were promptly paid when they were determined to be his responsibility), does not constitute a history of not meeting his financial obligations. There are clear indications that Applicant's finances are in good order and under control. His actions under the circumstances do not cast doubt on his current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-03912.h1


Financial

08/19/2016

Applicant failed to mitigate his long history of financial difficulties under the guideline for Financial Considerations. His request for a security clearance is denied. CASE NO: 15-03095.h1


Guideline F

08/19/2016

Even if an Applicant has paid delinquent debts the Judge may consider the underlying circumstances in evaluating an the person's security eligibility. Adverse decision affirmed. CASE NO: 15-02905.a1


Personal Conduct

08/19/2016

Applicant has not mitigated the security concerns under the personal conduct guideline. While holding a top secret clearance, he used marijuana in 2013. Eligibility for a security clearance is denied. CASE NO: 15-02303.h1


Guideline F

08/19/2016

The Board cannot consider the impact that an adverse decision may have on an applicant. Adverse decision affirmed. CASE NO: 15-02153.a1


Guideline F

08/19/2016

The Judge's material findings are sustainable. Adverse decision affirmed. CASE NO: 15-01967.a1


Financial

08/19/2016

Applicant is a 52-year-old employee who is seeking to retain a security clearance. The evidence is sufficient to explain and mitigate his financial problems or difficulties. Eligibility is granted. CASE NO: 15-01767.h1


Financial; Personal Conduct

08/19/2016

Although Applicant has made some effort to resolve her delinquent debts by filing for Chapter 7 bankruptcy protection in March 2016, it is not enough to mitigate the underlying financial considerations security concern. Applicant also intentionally falsified her March 2012 security clearance application by failing to disclose any derogatory financial information. Clearance is denied. CASE NO: 15-01556.h1


Financial

08/19/2016

Applicant mitigated the security concerns raised by her delinquent debts by first addressing the minor debts before the SOR was issued, and by seeking loan modifications of her mortgages almost immediately after her husband lost his job in May 2012. Clearance granted. CASE NO: 15-00529.h1


Financial

08/19/2016

Applicant mitigated the security concerns raised by her delinquent debts by first addressing the minor debts before the SOR was issued, and by seeking loan modifications of her mortgages almost immediately after her husband lost his job in May 2012. Clearance granted. CASE NO: 14-05478.h1


Criminal Conduct; Personal Conduct

08/19/2016

Applicant was convicted of reckless operation of a motor vehicle in 2011 and harassing communication in 2012. In 2013, he was terminated by his employer for an improper relationship in violation of the employer's policy. Applicant has not presented sufficient information to mitigate this pattern of dishonesty and rules violation. Eligibility for access to classified information is denied. CASE NO: 14-01759.h1


Guideline K; Guideline E

08/18/2016

We cannot consider new evidence on appeal. Applicant did not rebut the presumption that the Judge was impartial. The Judge's finding that Applicant deliberately withheld information from his application and during his interview is sustainable. The Government does not have to prove a clear and present danger to national security before it can deny a clearance. The Government is not estopped from denying a clearance even when there have bene prior favorable adjudications. Security violations strike at the heart of the industrial security program. A Judge must give any claims of reform or rehabilitation strict scrutiny. Adverse decision affirmed. CASE NO: 15-03293.a1


Financial

08/18/2016

Applicant experienced financial difficulties that have been resolved. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-01011.h1


Guideline F

08/18/2016

Appellant's brief raises no issue of harmful error. We cannot consider new evidence in appeal. Adverse decision affirmed. CASE NO: 14-07018.a1


Financial

08/18/2016

Applicant has resolved or is in the process of resolving all of her SOR debts and has since filed her 2011 income tax returns. She experienced financial difficulty after her husband lost his job and she sustained a lengthy debilitating illness followed by a seven-month period of unemployment. During this difficult time, her baby and father died and she had the added financial burden of unplanned funeral costs. Clearance is granted. CASE NO: 14-02586.h1


Foreign Influence

08/18/2016

Applicant mitigated the security concerns raised by her relatives living in India by demonstrating that her personal and financial interests in the U.S. far outweigh her connections to India, and none of her relatives reside in areas at particular risk for terrorist activity. Clearance granted. CASE NO: 14-06965.h1


Financial

08/18/2016

Applicant has not mitigated the security concerns raised by her history of financial problems and her unresolved delinquent debts which are in excess of $37,000. Clearance is denied. CASE NO: 12-12006.h1


Guideline E; Guideline F

08/18/2016

Applicant did not rebut the presumption that the Judge considered all of the evidence in the record, nor did he show that the Judge mis-weighed the evidence. Adverse decision affirmed. CASE NO: 12-11933.a1


Financial

08/17/2016

Applicant made substantial progress addressing the delinquent debts alleged in his statement of reasons, and his current delinquent debt total is $7,237. He surrendered his expired Jamaican passport to his security manager. Financial considerations and foreign preference trustworthiness concerns are mitigated. Eligibility for a public trust position is granted. CASE NO: 15-03748.h1


Guideline H

08/17/2016

Because the Judge's material findings about the drug charge are based on substantial evidence or constitute reasonable inferences that could be drawn from the record, they are sustainable. Adverse decision affirmed. CASE NO: 15-02920.a1


Financial

08/17/2016

The SOR identified 26 purportedly continuing delinquent accounts, totaling approximately $33,694 (not including the entire $103,054 balance of a mortgage). A vehicle was repossessed. Applicant stopped making her monthly mortgage payments in July 2015, but she has continued to reside in the residence. Her home is now in foreclosure. Applicant failed to submit any documentation to reflect a good-faith effort to resolve any of her delinquent accounts. Her actions under the circumstances cast substantial doubt on her current reliability, trustworthiness, or good judgment. Eligibility is denied. CASE NO: 15-02662.h1


Financial

08/17/2016

Applicant's statement of reasons includes three allegations of delinquent debts, including a $17,058 debt owed to the Defense Finance and Accounting Service. He has decided not to make further attempts to resolve the DFAS debt. He did not show enough progress paying or resolving his DFAS debt to mitigate financial considerations security concerns. Access to classified information is denied. CASE NO: 15-02474.h1


Financial; Personal Conduct

08/17/2016

Applicant has mitigated the security concerns under the financial considerations guideline. He did not falsify his security clearance application. Eligibility for a security clearance is granted. CASE NO: 15-02085.h1


Financial

08/17/2016

Applicant struggled financially to support his family of eight on his income. The mortgage on his marital home and some of his credit cards became seriously delinquent in 2011. Paying child support took priority over addressing the debts, and the mortgage loan was foreclosed. A February 2016 Chapter 7 bankruptcy discharge has relieved the financial stress, and Applicant is handling his current finances responsibly. Clearance is granted. CASE NO: 15-02033.h1


Financial

08/17/2016

Applicant's state and federal tax returns were not timely filed for several years, and he has owed the state and federal tax authorities thousands of dollars since 2010. In the last three years, he has made some progress; however, he is unsure whether all of his state tax returns have been filed, and he does not know how much he owes the state and federal government for delinquent taxes. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-00888.h1


Foreign Preference; Foreign Influence

08/17/2016

Applicant was born in Australia, and he is a dual citizen of the United States and Australia. He travels to Australia annually; he lived in Australia from 2008 to 2012, and in 2012, he voted in an Australian election after becoming a U.S. citizen. He has retained a current Australian passport. Foreign influence security concerns are mitigated; however, foreign preference security concerns relating to his retention of a current Australian passport are not mitigated. Access to classified information is denied. CASE NO: 15-00240.h1


Financial

08/17/2016

Applicant incurred delinquent debt under circumstances that do not reflect negatively on his security worthiness. Clearance is granted. CASE NO: 14-01355.h1


Guideline F

08/17/2016

Applicant did not raise an allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 12-08577.a1


Financial

08/16/2016

Applicant and her husband failed to timely file their federal and state income tax returns in 2011 and 2012; however, they were filed before the SOR was issued. Applicant's husband accepted responsibility for the failure to timely pay the property taxes for their rental business. Applicant was not aware of the delinquent property taxes for the rental business because her husband intercepted the tax notices. Most of the property taxes for the rental business were paid before the SOR was issued. Her husband paid the final property tax debt for the rental business in November 2015. Applicant has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-02636.h1


Financial

08/16/2016

Applicant has significant past-due debt that she has yet to address. Clearance is denied. CASE NO: 15-02027.h1


Financial

08/16/2016

Applicant's ex-husband was court-ordered to have medical insurance for their two children. He did not always maintain insurance, and when he did, he would not provide the insurance information to Applicant or her children, resulting in unpaid medical bills. The Statement of Reasons alleges 42 delinquent medical debts totaling about $9,100. Applicant thus far has been unsuccessful in her attempts to resolve the debts through her insurance, her ex-husband's insurance, or a combination of the two. If she is unable to do so, she assured that she would pay the debts through a loan obtained by her husband, payment plans, or income tax refunds. Clearance is granted. CASE NO: 15-01597.h1


Financial

08/16/2016

Applicant had 12 delinquent debts totaling $27,677. Her financial problems began in 2008 when she became pregnant, did not have health care insurance, and was required to stop working. After nine months of unemployment, she struggled to make ends meet through low paying jobs. Applicant filed for Chapter 7 bankruptcy and received a discharge in December 2015. She has not incurred any new debt, is current on her monthly bills, and has made significant progress towards regaining financial responsibility. Clearance is granted. CASE NO: 15-01187.h1


Financial

08/16/2016

Applicant is a 30-year-old employee who is seeking to retain a security clearance. The evidence is sufficient to explain and mitigate his financial problems or difficulties. Eligibility is granted. CASE NO: 15-01006.h1


Financial

08/16/2016

Applicant works for a defense contractor. He has seven delinquent debts listed in the SOR. They total about $21,973. He has not taken any action to resolve any of them. Eligibility for a clearance is denied. CASE NO: 15-00644.h1


Foreign Influence

08/16/2016

Applicant did not mitigate security concerns raised by her connections to and contacts with foreign relatives, two of whom are employed by the government of South Korea. Notwithstanding the presence of some favorable information, Applicant did not meet her burden of persuasion for continued access to classified information. Clearance is denied. CASE NO: 14-06958.h1


Financial; Criminal Conduct; Personal Conduct

08/16/2016

While Applicant's past Criminal Conduct was over four years ago, she falsified her e-QIP and has yet to address all of her admitted past-due debts. Clearance is denied. CASE NO: 14-05850.h1


Financial; Personal Conduct

08/16/2016

Applicant works for a defense contractor. She has three delinquent debts listed in the SOR. They total $18,985. She has not taken any action to resolve any of them. She deliberately failed to disclose them on her security clearance application and to the government investigator. Eligibility for a clearance is denied. CASE NO: 14-04185.h1


Financial; Personal Conduct

08/16/2016

Applicant works for a defense contractor. He has twelve delinquent debts listed in the SOR. They total $55,935. He has not taken any action to resolve any of them. He deliberately failed to disclose them on his security clearance application. Eligibility for a clearance is denied. CASE NO: 12-11299.h1


Personal Conduct

08/15/2016

Applicant was a gang member until age 25, involved with drugs and gang-related fights. He left the gang and went to college, working night jobs to support himself. He was terminated from several night jobs for falling asleep and tardiness. After graduating from college, he lost one job because of substandard performance and another for insubordinate conduct. However, he has worked for defense contractors since August 2014 and has performed well. Security concerns raised by his personal conduct are mitigated by the passage of time. Clearance is granted. CASE NO: 15-04611.h1


CAC

08/15/2016

The security significance of Applicant's 2011 charge of disorderly conduct is mitigated. He did not intentionally falsify his Declaration of Federal Employment. Eligibility for CAC is granted. CASE NO: 15-04510.h1


Foreign Influence

08/15/2016

Applicant has not mitigated the security significance of his family and professional connections to Russia. Clearance is denied. CASE NO: 15-03252.h1


Financial

08/15/2016

Although Applicant experienced a variety of physical and emotional health issues, as well as unemployment, she routinely sacrificed herself and her finances to assist others. She embraced the responsibility of caring for loved ones both as a loving family member and as a professional licensed practical nurse. Applicant also embraced the paradigm of fiscal responsibility. She prioritized her debts and minimized expenses. She has been working six days per week at one full-time job and two part-time jobs to generate funds sufficient to resolve her debts. Applicant did not conceal her financial difficulties when completing her e-QIP. Instead, she was honest and forthright, and she reported them. Repayment plans were established, payments made, and many of her accounts are now either resolved or in the process of being resolved. There are clear indications that Applicant's financial problems are closer to becoming under control. Her actions under the circumstances no longer cast doubt on her current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-02581.h1


Financial

08/15/2016

Applicant is a 63-year-old employee who is seeking to obtain a security clearance. He did not present sufficient evidence to demonstrate that he has made a reasonable effort to resolve two outstanding state tax liens for a total of about $38,000. Eligibility is denied. CASE NO: 15-02329.h1


Financial

08/15/2016

Applicant has delinquent debts, including significant debt to the IRS for past taxes and has also filed for bankruptcy on two occasions. No evidence was introduced to show that Applicant's current financial situation is stable. Mitigation has not been shown. Clearance is denied. CASE NO: 15-01785.h1


Financial

08/15/2016

Applicant has had significant overdue debts, and no evidence was introduced to establish that the debts have been resolved or reduced. Also, no evidence was introduced to establish that Applicant's current financial status is stable and that she is able to resolve her past debts or stay current with her recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 15-00762.h1


Drugs; Alcohol; Criminal Conduct

08/15/2016

Applicant refuted the allegations of excessive alcohol consumption and mitigated the security concerns raised by his drug involvement and criminal conduct. Clearance is granted. CASE NO: 15-00332.h1


Foreign Influence

08/15/2016

Foreign influence concerns are raised over Applicant's having family members who are citizens and residents of Afghanistan. Applicant mitigated foreign influence concerns by demonstrating that he no longer has any immediate family members residing in Afghanistan, and by minimizing any heightened risks associated with his linguist assignments. Clearance is granted. CASE NO: 14-06954.h1


Financial, Personal Conduct

08/15/2016

Applicant had a number of delinquent debts. He has been making payment toward one debt for several years and the other debts are all resolved. He currently has no other overdue debts, and his financial situation is stable. When Applicant completed a Security Clearance Application he did not include his delinquent debt because he was not aware that he had any delinquent debt. It was due to error not to a desire to mislead the Government. Mitigation has been shown. Clearance is granted. CASE NO: 14-06224.h1


Drugs; Personal Conduct

08/15/2016

Applicant falsified two security clearance applications concerning his illegal drug involvement before and during the years he held a security clearance. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-04987.h1


Financial

08/15/2016

Applicant owes 10 debts totaling $123,935. He did not file his federal and state income tax forms in 2013. He did not resolve the debts, except for one minor debt and the mortgage and property taxes being resolved in the foreclosure sale. Applicant did not submit proof he actually filed his delinquent income tax forms and paid any taxes due. Eligibility for a security clearance is denied. CASE NO: 14-04765.h1


Financial

08/12/2016

Applicant did not mitigate security concerns raised by his delinquent debts. He has yet to take action to address his past-due debts and take control of his finances. Notwithstanding the presence of some mitigating circumstances that impacted his finances, Applicant did not meet his burden of persuasion for access to classified information. Clearance is denied. CASE NO: 15-03537.h1


Foreign Influence

08/12/2016

Applicant's parents, brother, and in-laws are residents and citizens of the People's Republic of China (PRC). He has frequent and close contact with them by telephone and on visits. Applicant returns to the PRC regularly to visit his relatives. Applicant has not mitigated the heightened security concerns for his family members in the PRC. Eligibility for access to classified information is denied. CASE NO: 15-03248.h1


Financial

08/12/2016

Applicant has not mitigated the security concerns raised by his delinquent debts and failure to timely file his federal and state income tax returns. Clearance is denied. CASE NO: 15-03025.h1


Financial

08/12/2016

Applicant is alleged to be delinquent on 15 debts, in a total exceeding $17,400. Applicant failed to introduce documentation to show any of his delinquencies have been resolved. Eligibility for access to classified information is denied. CASE NO: 15-01956.h1


Foreign Preference; Foreign Influence

08/12/2016

Applicant is a dual citizen of Sweden and exercised his foreign citizenship by renewing a passport for himself and his son, and voting in Swedish elections. Applicant's parents, some family and friends are Swedish citizens and residents. He mitigated the foreign preference and foreign influence concerns. Clearance granted. CASE NO: 15-00892.h1


Alcohol; Criminal Conduct; Financial

08/12/2016

Applicant has unresolved financial problems and alcohol-related convictions. Clearance is denied. CASE NO: 14-04325.h1


Financial

08/12/2016

Applicant did not mitigate security concerns raised by his accumulation of a substantial amount of delinquent debt and failure to file his tax returns. Clearance is denied. CASE NO: 12-09594.h1


Financial

08/11/2016

Applicant's strong mitigating evidence in filing the missing federal and state tax returns while attending to other serious family problems satisfies his ultimate burden of persuasion under the guideline for financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-01859.h1


Drugs; Criminal

08/11/2016

Applicant's illegal drug involvement ended five years ago; and as such, has been mitigated by the passage of time. He has also submitted a signed declaration as to no future use. Clearance is granted. CASE NO: 15-01611.h1


Financial

08/11/2016

Confronted with financial issues following her first pregnancy, Applicant prioritized her accounts and minimized expenses by moving in with her mother. Although she was beset by a variety of health issues, as well as unemployment and periods of leave without pay, she made some efforts to resolve her delinquent accounts. Applicant did not conceal her financial difficulties when completing her e-QIP. Instead, she was honest and forthright, and she reported them. Finally motivated by receipt of the SOR over one year ago, she started to address her debts. Student loans were consolidated and returned to current status, repayment plans were established, payments made, and her accounts are now either resolved or in the process of being resolved. There are clear indications that Applicant's financial problems are closer to becoming under control. Her actions under the circumstances no longer cast doubt on her current reliability, trustworthiness, or good judgment. Eligibility is granted. CASE NO: 15-01103.h1


Financial

08/11/2016

Applicant has failed to demonstrate that he has made a good-faith effort to address the vast majority of his significant past-due debts. Clearance is denied. CASE NO: 15-01094.h1


Financial

08/11/2016

Applicant has failed to demonstrate that he has addressed the alleged mortgage debt. Clearance is denied. CASE NO: 15-00102.h1


Financial

08/11/2016

Applicant incurred delinquent debt from his daughter's birth and his low-paying jobs and periods of unemployment. He presented no evidence of a plan to resolve the delinquent debts. He failed to mitigate financial trustworthiness concerns. Eligibility for a public trust position is denied. CASE NO: 14-06790.h1


Foreign Preference

08/11/2016

Applicant was born in Kenya and became a U.S. citizen in 2011. He holds a current Kenyan passport. He failed to present sufficient evidence to mitigate foreign preference security concerns. Eligibility for access to classified information is denied. CASE NO: 14-06257.h1


Drugs; Personal Conduct

08/10/2016

Applicant used marijuana approximately 25 times from 1995 until 2003. He used marijuana again twice in 2013. He was eligible for access to classified information at the time of his 2013 use. He has not mitigated security concerns for drug involvement and person conduct. Eligibility for access to classified information is denied. CASE NO: 15-01791.h1


Financial

08/10/2016

Applicant is a 31-year-old employee who is seeking to obtain a security clearance. He did not present sufficient evidence to demonstrate that he has made a reasonable effort to resolve his financial problems. Eligibility is denied. CASE NO: 15-01698.h1


Financial

08/10/2016

Applicant failed to mitigate his long history of financial difficulties under the guideline for Financial Considerations. His request for a security clearance is denied. CASE NO: 12-11993.h1


Personal Conduct

08/09/2016

In 2014 Applicant was discharged from military service for illegally using marijuana. He failed to disclose that information in his security clearance application. He did not mitigate the security concerns raised under the guideline for personal conduct. Eligibility for access to classified information is denied. CASE NO: 15-04192.h1


Financial, Personal Conduct

08/09/2016

Applicant failed to timely file Federal income tax returns for the years 2003 through 2010. He has an unpaid tax liability of over $33,000 for those years. He failed to mitigate those financial security concerns. He mitigated a personal conduct security concern related to his failure to disclose the tax problems, but not regarding his failure to disclose a felony charge. Based upon a review of the pleadings, exhibits, and testimony, eligibility for access to classified information is denied. CASE NO: 15-03234.h1


Financial

08/09/2016

Applicant incurred delinquent debt when married through the irresponsible spending of his former wife and from student loans for his daughter. Applicant established that he worked with a credit counseling firm since 2007/2008 to assist him in paying his debts. The student loans have been rehabilitated, and he is current with his payment plans for the loans. Applicant presented sufficient documents to establish that his other debts have been paid. Applicant mitigated financial security concerns. Eligibility for access to classified information is granted. CASE NO: 15-02549.h1


Financial

08/09/2016

Applicant incurred state business tax debt from a failed franchised business. A new franchisee assumed responsibility for the business debts including all taxes owed. He did not timely file his federal and state tax returns because he did not have the documents needed to file the returns. He received the documents, hired a certified public accountant, and filed the returns. He received a refund from his taxes. He was not aware of four other debts. One was for a credit card, and he is current with the payments. Three others were for medical debts that have been paid. Applicant mitigated security concerns for financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-02114.h1


Financial

08/09/2016

Applicant had delinquent debts that were resolved. He provided sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-01992.h1


Financial

08/09/2016

Applicant's second divorce from her first husband in 2000 left her with $45,000 in debt. Her subsequent periods of unemployment, her second husband's unemployment, and her illness created a financial situation from which Applicant failed to recover. Accounts became delinquent and were placed for collection, charged off, or went to judgment. Applicant offered no documentary evidence of a good-faith effort to resolve them. She contended she paid a number of her accounts, but failed to submit any documentation such as receipts, cancelled checks, account records, etc., to support her contentions. Applicant failed to take any positive action to resolve such accounts even after she was interviewed by an investigator in 2012 or after the SOR was issued. Over the years, she failed to pay or resolve accounts with balances as low as $55, $93, $196, and $200. With insufficient funds to even meet her monthly expenses, there are clear indications that Applicant's financial problems are no closer to becoming under control. Her actions under the circumstances cast substantial doubt on her current reliability, trustworthiness, or good judgment. Eligibility is denied. CASE NO: 15-01124.h1


Foreign Influence

08/09/2016

Foreign influence concerns were raised as a result of Applicant having a father, brother, and sister living in Cuba. Applicant's father has since passed away and her contact and connections with her brother and sister in Cuba are minimal in contrast to her contact and connections to her husband, children, mother, two brothers, one sister, and in-laws in the United States. Additionally, all of her assets are in the United States versus having no assets in Cuba. Clearance is granted. CASE NO: 15-00930.h1


Foreign Influence

08/09/2016

Applicant failed to mitigate the security concerns raised under Guideline B due his wife's ties to Ukraine. Eligibility for access to classified information is denied. CASE NO: 14-06653.h1


Personal Conduct

08/09/2016

Applicant did not mitigate the concerns raised under personal conduct. Clearance is denied. CASE NO: 14-06221.h1


Financial

08/09/2016

Although Applicant's financial problems were caused by circumstances beyond her control, there is not sufficient evidence indicating that they are either resolved or under control. Clearance is denied. CASE NO: 14-06127.h1


Alcohol Consumption

08/09/2016

Applicant has a history of alcohol-related arrests (three in all) and was diagnosed with alcohol abuse in 2008. He has since completed outpatient counseling programs, has practiced abstinence since December 2013, and has received a favorable evaluation in 2015 from his licensed substance abuse counselor. Applicant mitigated security concerns over his past problems with alcohol abuse. Clearance is granted. CASE NO: 12-10218.h1


Financial

08/08/2016

Applicant has not resolved his delinquent debts. Clearance is denied. CASE NO: 15-04560.h1


Guideline F

08/08/2016

In his appeal brief, Applicant did not assert that the Judge committed any errors in the decision. Rather, Applicant argues that he has made a considerable effort to rectify his financial problems and developed habits that will ensure a sound financial future. His arguments essentially amount to a disagreement with the Judge's weighing of the evidence and are not enough to show the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to the law. Adverse decision affirmed. CASE NO: 15-03205.a1


Financial

08/08/2016

Applicant incurred delinquent debt when he was twice laid off from his job, and his wife passed away, leaving him to support their two children on his salary alone. He mitigated financial security concerns by presenting sufficient information to establish that he paid or successfully disputed all of the SOR debts. Eligibility for access to classified information is granted. CASE NO: 15-01674.h1


Guideline J; Guideline E

08/08/2016

Applicant has failed to identify any harmful error. The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. Adverse decision affirmed. CASE NO: 15-01545.a1


Guideline F; Guideline E

08/08/2016

Error in the Judge's findings is harmless. Disagreement with the Judge's weighing of the evidence not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. No new evidence may be considered on appeal. Adverse decision affirmed. CASE NO: 15-01515.a1


Financial

08/08/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He has not provided any evidence to support resolution or a plan to settle his delinquent federal taxes in the amount of $150,000. Clearance is denied. CASE NO: 15-01173.h1


Guideline F; Guideline E

08/08/2016

Error in the Judge's findings is harmless. Disagreement with the Judge's weighing of the evidence not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. No new evidence may be considered on appeal. Adverse decision affirmed. CASE NO: 15-00910.a1


Guideline F

08/08/2016

Applicant failed to rebut the presumption that the Judge considered all of the evidence. Hearing Office cases are not binding on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. CASE NO: 15-00633.a1


Financial

08/08/2016

Applicant mitigated security concerns raised by the delinquent debts she incurred during a bad marriage that ended in divorce. She started addressing her financial situation after separating from her former husband three years ago. She documented her action in addressing her debts. She paid some debts in full and is paying others through agreed-upon payment plans, and manages her present finances in a responsible manner. She met her burden of persuasion for continued access to classified information. Clearance is granted. CASE NO: 15-00443.h1


Financial

08/08/2016

Applicant did not mitigate security concerns raised by his failure to timely file his federal and state tax returns. Notwithstanding the presence of some favorable information, Applicant failed to meet his heavy burden of persuasion for continued access to classified information. Clearance is denied. CASE NO: 12-11075.h1


Financial

08/05/2016

Applicant has not mitigated the security concerns under the financial guideline. Eligibility for a security clearance is denied. CASE NO: 15-06108.h1


Drugs

08/05/2016

Applicant admitted sharing marijuana provided by friends about four or five times per year between July 2008 and July 2014. He stopped drug use when he obtained his master's degree and decided to apply for his current position. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 15-05503.h1


Financial

08/05/2016

Applicant is 39 years old and employed as a Cyber Team Member by a defense contractor. His history of excessive indebtedness has or is being resolved. Clearance is granted. CASE NO: 15-04200.h1


Financial

08/05/2016

Applicant has not mitigated the security concerns under the above guideline. He has unresolved delinquent debt, which he intends to resolve. However, he has not provided any documentation to show payment plans or any payments that he has made. He has not met his burden of proof. Clearance is denied. CASE NO: 15-02861.h1


Financial; Personal Conduct

08/05/2016

Applicant mitigated any concerns about his finances, and he did not intentionally provide false information about his finances on his Questionnaire for National Security Positions. Clearance is granted. CASE NO: 15-01618.h1


Financial

08/05/2016

Applicant has successfully disputed two of the four alleged past-due debts, and is making monthly payments on the remaining two debts. Clearance is granted. CASE NO: 15-01149.h1


Financial

08/05/2016

Applicant incurred delinquent debts and failed to file federal and state tax returns for a number of years. Although he knew tax returns were not filed since 2007 and became aware of debts in 2012, he did not pay the debts and file the past-due returns until just before and after his security clearance hearing. Applicant failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00961.h1


Financial

08/05/2016

Applicant is 39 years old and is employed as a Customer Technical Representative for a defense contractor. Applicant's delinquent indebtedness caused by taking on his in-laws real estate holdings without sufficient financial resources has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 15-00552.h1


Financial

08/05/2016

Applicant's husband's illness and associated employment problems, along with his eventual demise, created a financial situation from which Applicant failed to recover. She received $10,000 from his life insurance policy. Nevertheless, accounts became delinquent and were placed for collection, charged off, or went to judgment. For the vast majority of her delinquent non-SOR and SOR accounts, Applicant offered no documentary evidence of a good-faith effort to resolve them. She contended she paid a number of non-SOR accounts, but failed to submit any documentation such as receipts, cancelled checks, account records, etc., to support her contentions. As far as the SOR accounts, Applicant failed to take any positive action to resolve the vast majority of such accounts until February 2016, nearly 30 months after she was interviewed by an investigator and 5 months after the SOR was issued. In February 2016, she paid various collection agents a total of $192.99. She offered no documentation to support the existence of subsequent payments to any creditors, debt purchasers, or collection agents. Over the years, at least until February 2016, she failed to pay or resolve accounts with balances as low as $84, $110, $220, and $244. There are clear indications that Applicant's financial problems are no closer to becoming under control. Her actions under the circumstances cast substantial doubt on her current reliability, trustworthiness, or good judgment. Eligibility is denied. CASE NO: 15-00504.h1


Financial

08/05/2016

Applicant has failed to demonstrate that he has addressed any of the alleged past-due debts, and has admitted to tax evasion. Clearance is denied. CASE NO: 14-03171.h1


Financial

08/05/2016

Applicant failed to file his income tax returns as required between 2006 and 2012. He did so to avoid diversion of his tax refunds to satisfy his child support debts. His request for continued access to classified information is denied. CASE NO: 14-01376.h1


Financial

08/04/2016

Applicant failed to timely file his federal income tax returns from 2011 through 2014 and his state income tax returns for 2011 and 2012. He also accumulated numerous delinquent debts that are not resolved. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-05072.h1


Foreign Influence

08/04/2016

Applicant's foreign family contacts create a heightened risk of foreign exploitation, inducement, manipulation, pressure, coercion, and an unacceptable security risk. Applicant's mitigating information is insufficient to fully overcome the foreign influence security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00221.h1


Financial; Personal Conduct

08/04/2016

Applicant has not mitigated the security concerns caused by her financial situation. She also falsified a Government questionnaire as alleged. Clearance is denied. CASE NO: 14-06565.h1


Guideline H; Guideline J

08/04/2016

The Directive does not authorize the Appeal Board to hold oral arguments. Adverse decision affirmed. CASE NO: 14-05240.a1


Guideline G; Guideline J

08/04/2016

Department Counsel points out that, besides a four-month period, the record is void of any information about whether or not Applicant subsequently consumed alcohol. Therefore, there is nothing in the record to support a finding about of her alcohol consumption subsequent to her background interview. ("[A]bsence of evidence is not evidence of absence"). Accordingly, the Judge's statements that Applicant "no longer abuses alcohol" and "has not abused alcohol for two-and-a-half years" are not supported by the record. Adverse decision affirmed. CASE NO: 14-01176.a1


Guideline F

08/04/2016

Applicant's appeal brief makes no assertion of harmful error on the part of the Judge. He makes assertions about the conditions that resulted in his financial problems and his efforts to resolve those problems. The Judge discussed those matters in his decision. The Appeal Board does not review cases de novo. Our authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed. CASE NO: 14-01176.a1


Financial

08/03/2016

Applicant and his spouse defaulted on a joint student loan with a balance of $50,692. Two other student loans, which were cosigned by Applicant for his spouse, were charged off for $9,342 and $7,346 in 2012. They have made monthly payments consistently since May 2012 on the largest loan, but repayment plans for the other loans were not established until February 2016, when a collection agency proposed a settlement. Applicant and his spouse are paying their monthly expenses on time, but available information is not sufficient for me to reasonably conclude that they can be counted on to address the student loans without falling behind on other debts. Clearance is denied. CASE NO: 15-03875.h1


Foreign Preference

08/03/2016

Applicant was born in Ukraine, immigrated to the United States with her family as a child, and became a U.S. citizen in 1985. Her husband is a dual U.S. and Italian citizen. In 2013, Applicant became an Italian citizen to protect her husband's financial interests in Italy. Her husband sold his Italian property and stocks, but he is still eligible to receive retirement compensation similar to Social Security from the Italian government. Applicant never obtained an Italian passport; she never voted in Italian elections; and she has no plans to do either in the future. Applicant's ties to Italy are far outweighed by her deep and longstanding relationships and loyalties in the United States. Foreign preference security concerns are mitigated. Clearance is granted. CASE NO: 15-03055.h1


Financial

08/03/2016

Applicant incurred delinquent debt when he and his wife separated and divorce. Their house lost value in the housing crisis in 2008, but was eventually sold at a short sale. He leased a car for his mother-in-law but on returning the car it had excessive mileage resulting in a charge. He presented documents to establish that he resolved all of the SOR delinquent debts. Applicant mitigated financial security concerns. Eligibility for access to classified information is granted. CASE NO: 15-02833.h1


Alcohol; Criminal; Personal Conduct

08/03/2016

In 1992, Applicant was convicted of DUI. In 2014, Applicant allowed his 13-year-old son to drive his truck on the interstate. Applicant rode along with his son in the truck, and Applicant's blood-alcohol content (BAC) was .139. Applicant was charged with child endangerment. Personal conduct concerns are mitigated; however, criminal conduct and alcohol consumption security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-02810.h1


Financial

08/03/2016

Applicant incurred 23 debts totaling $23,375 as well as a 2005 Chapter 7 bankruptcy. He failed to provide sufficient mitigating evidence that he had resolved any of those debts or that he regained financial responsibility. Clearance is denied. CASE NO: 15-02421.h1


Financial

08/03/2016

Applicant has been consistently paying $2,030 a month into a Chapter 13 bankruptcy plan since March 2016. He credibly testified that he will continue with the bankruptcy plan until completion. Financial considerations security concerns are mitigated. CASE NO: 15-02078.h1


Financial

08/03/2016

Applicant mitigated the security concerns raised by his $17,000 delinquent debt, by arranging repayment plans on his delinquent education loans before the SOR was issued. Clearance granted. CASE NO: 14-07025.h1


Financial; Personal Conduct

08/03/2016

Applicant incurred delinquent debt from insufficient fund checks, credit cards, utility debts, and repossession. He did not present any information of steps taken to resolve or pay the debts. Applicant failed to mitigate financial security concerns. Applicant deliberately did not list any delinquent debts on his security clearance application. Applicant failed to mitigate personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 14-02656.h1


Financial

08/02/2016

Applicant accumulated delinquent debts between 2010 and 2016. The majority of those debts were unpaid medical bills, which she has resolved. She mitigated the security concerns raised under the guideline for financial considerations. Based upon a review of the pleadings, exhibits, and testimony, eligibility for access to classified information is granted. CASE NO: 15-04054.h1


Financial

08/02/2016

The statement of reasons alleges nine delinquent debts totaling $25,801, including a $10,000 federal income tax debt. In 2009, Applicant failed to withhold sufficient funds for his federal income taxes, and he currently owes about $8,000 to the Internal Revenue Service. He has made some progress paying his delinquent debts. However, his history of owing federal income taxes continues to raise unresolved financial considerations security concerns. Access to classified information is denied. CASE NO: 15-03435.h1


Financial

08/02/2016

Applicant experienced financial difficulties due to a divorce that have not been resolved. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-00244.h1


Financial

08/01/2016

Applicant has been consistently paying into a Chapter 13 bankruptcy plan since October 2015. He credibly testified that he will continue with the bankruptcy plan until completion. Financial considerations security concerns are mitigated. CASE NO: 15-03590.h1


Guideline H

08/01/2016

Even if the Judge erred in finding that Applicant had used some of the drugs addressed in an assignment of error, it did not likely affect her overall decision. Even if she erred, it was harmless. The Judge's material findings are supported by substantial evidence or constitute reasonable conclusions that could be drawn from the evidence. Adverse decision affirmed. CASE NO: 15-04456.a1


Guideline F

08/01/2016

Applicant has neither rebutted the presumption that the Judge considered all of the evidence in the record nor shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-04159.a1


Information Technology Systems

08/01/2016

Applicant provided sufficient evidence to show that violations of company procedures were remote in time and she has since learned the appropriate rules, of which the evidence indicates she may not have been previously apprised. It is also notable that she was not originally told her first two of three violations were contrary to procedures, and that she never compromised either her computer or the network due, at least in part, to the precautions she did take. Use of Information Technology Systems security concerns are mitigated. Clearance is granted. CASE NO: 14-02505.h1


Foreign Influence

08/01/2016

Applicant mitigated the security concerns raised by his family members living in India by demonstrating that none of them have any connection to the Indian Government and none of them reside in areas at particular risk for terrorist activity. Clearance granted. CASE NO: 12-08736.h1


Financial

07/29/2016

Applicant has mitigated the security concerns raised by four delinquent student loans that he cosigned for his son. Clearance is granted. CASE NO: 15-02387.h1


Drugs

07/29/2016

Applicant has mitigated the security concerns caused by his drug use. Clearance is granted. CASE NO: 15-02227.h1


Financial

07/29/2016

Applicant is a 60-year-old employee who is seeking to obtain a security clearance. He did not present sufficient documentary evidence to demonstrate that he has made a reasonable effort to resolve his problematic financial history, which includes a $44,677 judgment for past-due child support and more than $80,000 in back taxes owed to the IRS. Eligibility is denied. CASE NO: 15-02174.h1


Financial

07/29/2016

Applicant incurred delinquent debt following a Chapter 7 bankruptcy discharge in April 2010. Factors outside of his control have contributed to his recent financial difficulties, but he has yet to demonstrate that he can manage his finances responsibly. Clearance is denied. CASE NO: 15-01890.h1


Financial

07/29/2016

Applicant had ten debts totaling $537,546. Of that amount $453,888 was the past-due amount on two homes he owned – one home he purchased for his parents and the other home as his primary residence. His father passed away and his wife lost a high-paying job she held for 20 years. When Applicant attempted to rent or sell both homes, he was unable to do so as a result of the downturn in the housing market. Applicant has since resolved the past-due mortgages as well as several other smaller debts and is paying off the remaining debts as funds become available. Clearance is granted. CASE NO: 15-01623.h1


Drugs

07/29/2016

Applicant used drugs infrequently over a number of years (mostly marijuana, but cocaine on several occasions) dating to 2008. He ceased using illegal drugs in May 2013 and no longer frequents parties and other social functions where drugs might be used. He is highly regarded by his managers and friends. Drug concerns are mitigated. Clearance is granted. CASE NO: 15-00984.h1


Financial

07/29/2016

Applicant accumulated delinquent debts between 2007 and 2014. She has not resolved state tax issues from 2007 and 2008. She filed her 2009 tax returns two years after the deadline, and only recently began paying the outstanding taxes. Based upon a review of the pleadings, exhibits, and testimony, eligibility for access to classified information is denied. CASE NO: 15-00865.h1


Financial

07/29/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-07029.h1


Alcohol; Criminal Conduct; Financial

07/29/2016

Applicant has unresolved financial problems and numerous alcohol-related convictions. Clearance is denied. CASE NO: 14-06853.h1


Financial; Foreign Preference

07/29/2016

Applicant was born in a foreign country, and naturalized as a United States citizen in 2011. He held a foreign passport, issued in 2007. He relinquished his foreign passport to his facility security manager and it was destroyed. The SOR alleged seven unpaid debts. Applicant incurred debts after a sudden workplace illness and hospitalization, but he made efforts to resolve them. Applicant mitigated the financial considerations and foreign preference security concerns. Eligibility for access to classified information is granted. CASE NO: 14-06663.h1


Financial; Personal Conduct

07/29/2016

Applicant has not mitigated the security concerns raised by his delinquent debts and falsification of his security clearance application. CASE NO: 14-06025.h1


Financial; Foreign Influence

07/29/2016

Applicant did not mitigate security concerns raised by his adverse financial history. Over the past 11 years, he has twice discharged his delinquent debts through Chapter 7 bankruptcy. His most recent Chapter 7 bankruptcy discharge occurred in February 2015. It is too soon to safely conclude that his financial situation is under control. He did mitigate security concerns raised by his familial connections to the Philippines, but not the concerns raised by his close familial connections and contacts in Nigeria. Clearance is denied. CASE NO: 12-09246.h1


Financial

07/28/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-03363.h1


Financial

07/28/2016

Applicant incurred a number of delinquent debts when his formerly successful business began to fail in 2003. He has taken responsible and positive steps to address the delinquencies, and has substantially resolved all of them. His current financial situation is stable and solvent. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 14-05796.h1


Foreign Influence; Foreign Preference

07/27/2016

Under the guideline for Foreign Preference, it was alleged that Applicant possessed a valid passport issued by the United Kingdom (U.K.) after becoming a U. S. citizen. However, he surrendered his U.K. passport to his facility security officer (FSO) in July 2014. He did not use his U.K. passport after becoming a U.S. citizen. Security concerns were also raised under the guideline for Foreign Influence because his mother-in-law and father-in-law are resident citizens of Turkey. Security concerns raised under Foreign Preference and Foreign Influence are mitigated. Eligibility for access to classified information is granted. CASE NO: 15-02788.h1


Guideline G; Guideline J

07/27/2016

The fact that Applicant has had no alcohol-related incidents since 2014 and has remained sober for more than a year does not compel the Judge to make a favorable clearance decision. The Appeal Board has never established a "bright line" rule as to the recency of conduct raising security concerns. The extent to which security concerns have become mitigated through the passage of time is a question that must be resolved based on the evidence as a whole. Adverse decision affirmed. CASE NO: 15-02479.a1


Financial

07/27/2016

Applicant and his ex-wife stopped paying their second mortgage and defaulted on a car loan when her unemployment and his inability to work full time compromised their finances. They successfully modified their mortgage, and Applicant has been making the payments since he was granted exclusive use of the home in their divorce. He has settled the car loan and is committed to resolving his remaining debts, including a past-due utility debt incurred by his ex-wife. Clearance is granted. CASE NO: 15-02478.h1


Foreign Preference, Foreign Influence, Personal Conduct

07/27/2016

This case involves security concerns raised under Guideline C (Foreign Preference), and Guideline B (Foreign Influence) because of Applicant's Iranian citizenship, passport and family ties. Applicant failed to disclose information related to her family members residing in Iran, raising security concerns under Guideline E (Personal Conduct.) She failed to mitigate the security concerns raised under the foreign preference and foreign influence guideline. She mitigated those raised under the personal conduct guidelines. Eligibility for access to classified information is denied. CASE NO: 15-01329.h1


Guideline F

07/27/2016

We cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 14-03228.a1


Financial

07/27/2016

Applicant did not submit sufficient evidence in mitigation showing that she is successfully resolving her delinquent debts. Clearance is denied. CASE NO: 12-11189.h1


Financial

07/26/2016

Applicant mitigated the security concerns raised under financial considerations. Clearance is granted. CASE NO: 15-04124.h1


Financial

07/26/2016

Applicant's statement of reasons alleges five delinquent debts totaling $39,018. After accounting for duplications, her records indicate she is responsible for two student loans in deferment totaling $13,178 and one charged-off credit card for $7,964. Divorce, inconsistent receipt of child support payments from her former spouse, and the decline in real estate values damaged her finances. Her overall financial records establish her financial responsibility. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-03584.h1


Financial

07/26/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt. He started addressing and resolving his delinquent debts in 2010, about two years before submitting his recent security clearance application. Clearance is granted. CASE NO: 15-01702.h1


Foreign Influence

07/26/2016

Applicant was born in Afghanistan. He spent his early years there and then attended school in the Soviet Union. He came to the United States in 2001 and became a citizen in 2008. He has served as a linguist for the U.S. Army since 2009. Applicant mitigated the security concerns raised under Guideline B (Foreign Influence). Eligibility for access to classified information is granted. CASE NO: 14-06747.h1


Financial

07/26/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 14-05517.h1


Financial

07/26/2016

In 2010 and 2011, Applicant was suspended and terminated from his job. He also cosigned on the lease of a car that was returned to the leasing company. The leasing company has made a settlement offer on the debt. Applicant has mitigated the personal conduct and the financial considerations security concerns. Clearance is granted. CASE NO: 14-01354.h1


Financial

07/26/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-11862.h1


Use of Information Technology Systems, Criminal Conduct, Personal Conduct

07/25/2016

Applicant downloaded music files, network television shows, or movies from various sources on the internet to his personal computer during the period 2010 to 2014. The sole evidence reflecting any illegal activity by Applicant consists of his seemingly retracted admissions, and Department Counsel's suppositions that those activities must have been illegal because for at least some of the downloaded materials, Applicant did not pay for them. There was no evidence presented that particular files were protected by any technological measures to effectively control access to those works. Without evidence pertaining to those technological measures, there is no evidence of a violation of the Digital Millennium Copyright Act. Neither the No Electronic Theft Act nor the Audio Home Recording Act of 1992 was violated. Recording or downloading movies on a videocassette recorder or onto one's personal computer for personal, noncommercial use is considered fair use unless proven otherwise. Under the circumstances, his actions do not cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 15-03795.h1


Drugs

07/25/2016

Applicant's limited involvement with marijuana ceased 19 months ago and he has demonstrated that he is leading a drug-free lifestyle. He has made significant lifestyle changes, and executed a signed statement of intent not to use drugs. Based on evidence presented and taking into account the whole-person concept, Applicant has mitigated security concerns pertaining to drug involvement. Clearance is granted. CASE NO: 15-03601.h1


Foreign Preference; Foreign Influence

07/25/2016

Applicant's foreign family contacts create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion, and an unacceptable security risk. Moreover, Applicant, a U.S. citizen, exercised her Taiwanese citizenship by requesting and using a Taiwanese passport in preference of her U.S. passport. The mitigating information is insufficient to fully overcome the foreign influence and foreign preference security concerns. Clearance denied. CASE NO: 15-01716.h1


Drugs

07/25/2016

Applicant mitigated the drug involvement security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01122.h1


CAC

07/25/2016

Applicant has unresolved delinquent federal tax debt in the amount of approximately $9,2000 from tax years 2005-2011. She intends to begin an installment agreement with the IRS, but she did not present evidence that the plan is in place or that she has made any monthly payments to date. Eligibility for CAC is denied. CASE NO: 15-00895.h1


Financial

07/25/2016

Applicant did not mitigate security concerns raised by his financial situation. He accumulated over $50,000 in overdue federal income taxes for tax years 2005 – 2012, which remain unpaid. Notwithstanding the presence of some favorable information, Applicant failed to meet his heavy burden of persuasion. Clearance is denied. CASE NO: 14-04597.h1


Security Violations; Personal Conduct

07/25/2016

Applicant committed two security violations, both of which were characterized as mistaken, and not the result of intentional actions or negligence: one in 2006 and another in 2012. Security concerns are also raised over Applicant's admitted infidelities that he disclosed only generally to his wife and supervisors. Applicant's security violations never resulted in any written reprimands or loss of trust from his supervisors and Government officials who worked with him on his classified projects. Handling Protected Information concerns are mitigated. Personal conduct concerns are also mitigated by probative evidence of Applicant's general disclosures of his infidelities to his wife and supervisors. Clearance is granted. CASE NO: 14-01465.h1


Financial

07/22/2016

Applicant accrued significant past-due and delinquent debt due, in part, to circumstances beyond his control. However, he did not act responsibly in addressing his financial problems. Applicant also failed to file his federal and state income tax returns for the 2014 and 2015 tax years. His attempts to mitigate the security concerns caused by his financial problems are not sufficient. His request for a security clearance is denied. CASE NO: 15-04520.h1


Financial

07/22/2016

Applicant incurred delinquent debt due to fluctuations in his salary caused by changes to the reimbursements to his employer on the contact he was working. He provided receipts to show that two of his five delinquent debts have been paid, and the other three are current under payment plans. Applicant mitigated financial security concerns. Eligibility for access to classified information is granted. CASE NO: 15-03554.h1


Financial

07/22/2016

Applicant's financial problems were isolated and arose entirely through unforeseen circumstances. However, he has taken responsible steps to correct his finances, and he is unlikely to encounter such problems in the future. The security concerns about Applicant's financial problems are mitigated. His request for a security clearance is granted. CASE NO: 15-02987.h1


Financial

07/22/2016

Applicant is a 50-year-old employee of a defense contractor. He is alleged to be indebted to seven creditors in the approximate amount of $38,792. Applicant mitigated the Financial Considerations security concerns, because the debts were caused by unforeseen circumstances beyond his control, and he has acted responsibly with respect to his debts. He also has completed a number of financial management courses. Eligibility for access to classified information is granted. CASE NO: 15-01605.h1


Financial

07/22/2016

Applicant incurred delinquent debt because of periods of unemployment. He received unemployment compensation during some of the period of unemployment. His wife worked when he was unemployed, and she was the main financial provider for the family. He presented no documents to show he tried to contact creditors or resolve or pay his debts. Applicant failed to mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00860.h1


Personal Conduct; Financial

07/22/2016

Applicant used his Government issued charge card in 1993 and his Government issued travel card in 2012 for purchase of personal items in violation of the rules and regulations concerning the use of the cards. He was suspended from work for over two months in 1994 and terminated from Government service in 2013. He did not mitigate personal conduct security concerns for the improper use of the Government issued charge and travel cards. He mitigated personal conduct security concerns for failing to provide accurate and complete information on his security clearance application. He mitigated financial security concerns for filing a Chapter 7 bankruptcy, but not for the improper use of the Government issued travel and charge cards. Eligibility for access to classified information is denied. CASE NO: 15-00736.h1


Personal Conduct; Financial

07/21/2016

Applicant purchased and used marijuana from approximately 1995 to 2010; submitted a urine test to his employer and resigned soon thereafter, knowing it would be positive for marijuana; falsified his security clearance application (SF 86) by failing to truthfully disclose his past drug use, drug treatment, and his resignation due to a positive drug test. Additionally, Applicant was arrested for assault on a female in 2013, and has a substantial unpaid delinquent debt. Applicant mitigated the arrest issue, but other personal conduct and financial security concerns remain. Eligibility for access to classified information is denied. CASE NO: 15-04086.h1


Financial; Personal Conduct

07/21/2016

Applicant is 48 years old and employed as a Program Manager by a defense contractor. His history of excessive indebtedness has been resolved; and he did not intentionally conceal his financial history, including his foreclosure, from the Government. Clearance is granted. CASE NO: 15-03992.h1


Foreign Preference; Foreign Influence

07/21/2016

Applicant is 47 years old and employed as an Electronic Technician by a defense contractor. Applicant has surrendered his Taiwanese passport and renounced his foreign citizenship. His foreign relatives in Taiwan that include his mother, father, sisters, and in-laws do not pose a significant security risk for the Government. Clearance is granted. CASE NO: 15-03815.h1


Financial

07/21/2016

Applicant is a 54-year-old employee who is seeking to obtain a security clearance for the first time. He has a history of financial problems or difficulties due to a business dispute followed by a business failure during 2007 2008. He met his burden to present sufficient evidence to explain and mitigate the financial considerations security concern. Eligibility is granted. CASE NO: 15-03813.h1


Financial

07/21/2016

Applicant did not mitigate the security concerns raised under financial considerations. Clearance is denied. CASE NO: 15-02933.h1


Financial; Personal Conduct

07/21/2016

Applicant is 61 years old and employed as an Engineer for a defense contractor. His history of excessive indebtedness caused by his ex-wife, who illegally opened accounts in his name, after the divorce, has been mitigated by sufficient evidence of reform and rehabilitation. Falsification allegation has also been mitigated. Clearance is granted. CASE NO: 15-02913.h1


Drugs; Criminal Conduct; Personal Conduct

07/21/2016

Applicant's abstinence from illegal drugs, recent employment record, and significant community involvement are not sufficient to mitigate the security concerns raised by his long history of drug involvement, criminal conduct, and personal conduct. Clearance is denied. CASE NO: 15-02806.h1


Financial

07/21/2016

Applicant is 57 years old and employed as an Principal Software Engineer for a defense contractor. His history of excessive indebtedness caused by reckless spending, abusive credit card use, and living beyond his means, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 15-02093.h1


Foreign Preference, Foreign Influence

07/21/2016

Applicant came to the United States from China, leaving behind her parents, with whom she maintains regular telephonic and personal contact, and two older siblings, with whom she visits in China every year or two. Her in-laws are now permanent United States residents, but remain citizens of China. After coming to the United States 17 years ago to pursue a doctoral degree, Applicant and her husband decided to stay in the United States. She has since become a naturalized United States citizen, started a family, bought two homes, excelled in her career, and now has a net worth of about $1.5 million. I find that while Applicant mitigated Foreign Preference concerns regarding a now discarded Chinese passport, Foreign Influence security concerns remain unmitigated due to her close ties to her kin in China. Clearance is denied. CASE NO: 15-01709.h1


Personal Conduct; Alcohol Consumption

07/21/2016

Applicant is a 30 years old and employed as a Field Applications Engineer by a defense contractor. Applicant's poor judgment in filing a false police report; and his continued alcohol consumption after being diagnosed by competent medical authority as alcohol dependent, shows unreliability, untrustworthiness and poor judgment. Applicant's conduct has not been mitigated by sufficient evidence of reform and/or rehabilitation. Clearance is denied. CASE NO: 15-01096.h1


Financial

07/21/2016

Applicant has 43 Statement of Reasons allegations, 42 of those allegations are debts totaling $32,205, and 1 of those allegations is a 2009 Chapter 7 bankruptcy. He has made no documented effort to pay or otherwise resolve those debts. Clearance is denied. CASE NO: 15-00911.h1


Financial

07/21/2016

Applicant has addressed all of the alleged past-due debts. All are attributed to her 2012 divorce. Clearance is granted. CASE NO: 15-00805.h1


Financial

07/21/2016

Applicant has addressed all of the alleged past-due debt. Clearance is granted. CASE NO: 15-00208.h1


Foreign Influence; Foreign Preference

07/21/2016

Applicant surrendered his foreign passport and has established his strong ties to the United States. The Guideline B and C allegations are mitigated. Eligibility for access to classified information is granted. CASE NO: 14-04576.h1


Financial

07/21/2016

Largely due to Applicant's financial mismanagement and irresponsibility, various accounts became delinquent and were placed for collection. Judgements were obtained against him and liens were filed. A house was foreclosed. Although he repeatedly declared his intentions to contact his creditors and resolve his delinquent accounts, there is little evidence that he did so. He contended that repayment plans had been established and payments made for some of his accounts, but he failed to furnish documentation to confirm the establishment of repayment plans or payments made. Applicant's initial financial problems were resolved with a bankruptcy discharge in July 2001. Financial problems reappeared, and Applicant again sought the protection of a bankruptcy discharge in 2016. Despite years of making promises of positive action, he failed to offer any documentation to support his claimed actions. In 2011, the Department of Defense Consolidated Adjudications Facility determined that because of his financial problems and his failure to provide necessary documentation sufficient to mitigate the financial considerations alleged against him, he was not eligible for access to sensitive compartmented information. Applicant's unsubstantiated actions regarding positive resolution efforts and his repeated bankruptcies, under the circumstances, cast substantial doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 14-03365.h1


Financial

07/21/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 12-09485.h1


Financial

07/21/2016

Applicant has addressed all of the alleged past-due debt. Clearance is granted. CASE NO: 12-05082.h1


Financial

07/20/2016

Applicant incurred delinquent debt when his wife lost a good paying employment in 2008. He continued to be steadily employed by a defense contractor. He presented no evidence of a plan to resolve the delinquent debt or payment of any of the delinquent debt. He failed to mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02195.h1


Financial

07/20/2016

Applicant and her spouse became delinquent on some credit-card accounts while she was being treated for a serious medical illness in 2008 and 2009. Their federal income tax return for 2010 was not filed until 2014. She has been repaying one delinquent credit debt at $150 per month since September 2014 to reduce its balance to $9,935. She is making no payments on another $5,642 in her delinquent debt. Yet, neither she nor her spouse has relied on consumer credit in over four years, and their monthly obligations are being paid on time. Clearance is granted. CASE NO: 15-01741.h1


Foreign Influence; Foreign Preference

07/20/2016

Available information is sufficient to mitigate the security concerns about Applicant's ties to Taiwan, Canada, Serbia, and Croatia. Applicant also mitigated the security concerns about his Canadian citizenship by relinquishing his foreign passport and by establishing that he does not exercise foreign citizenship to protect financial or property interests abroad. Applicant's request for a security clearance is granted. CASE NO: 15-01537.h1


Financial

07/20/2016

Although Applicant's financial problems were partially caused by circumstances beyond his control, there is not sufficient evidence indicating that they are either resolved or under control. Clearance is denied. CASE NO: 14-06042.h1


Financial; Personal Conduct

07/20/2016

Applicant has more than $50,000 of delinquent debt. He provided no evidence of any steps to address them. Clearance is denied. CASE NO: 12-10436.h1


Foreign Preference

07/19/2016

ADP case. Applicant is a dual citizen of both the United states and Australia. She has voted in Australian elections. She failed to present sufficient evidence of relinquishing her Australian passport, or express an unqualified willingness to renounce her Australian citizenship. She continues to avail herself of the rights of Australian citizenship. Finding of eligibility is denied. CASE NO: 15-05418.h1


Financial; Personal Conduct

07/19/2016

Applicant mitigated security concerns raised by a looming financial crisis triggered by a sharp decrease in his family's household income. He took proactive, prudent steps to address his debts. He retained the services of a debt consolidation firm that helped him consolidate and resolve his debts. For about four years, Applicant paid on a consistent monthly basis into the firm's debt repayment plan. He satisfied his debts. He did not falsify his security clearance application. Clearance is granted. CASE NO: 15-02673.h1


Financial

07/19/2016

Applicant's statement of reasons alleges four delinquent debts totaling $19,142. He fell behind on his finances as a result of a divorce. Applicant has since paid, settled, or otherwise resolved all of these debts. Clearance is granted. CASE NO: 15-02016.h1


Guideline F

07/19/2016

The Appeal Board's authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Such an error has not been alleged in this case. Adverse decision affirmed. CASE NO: 15-00186.a1


Financial; Personal Conduct

07/19/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt, which he incurred after his child was diagnosed with cancer and his wife lost her job. He attempted to address his debts on his income alone for about two years before filing for bankruptcy on the advice of counsel. He responsibly addressed and satisfied a sizeable amount of delinquent debt outside the bankruptcy process. He addressed all his delinquent debts well before the Statement of Reasons was issued and over 18 months have passed without recurrence of financial issues. He did not falsify his security clearance application. Clearance is granted. CASE NO: 14-06719.h1


Guideline B; Guideline F

07/19/2016

The Judge's material findings capture the essential facts that a reasonable person would expect to be addressed based upon this record. The Judge's findings are supported by "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of all the contrary evidence in the same record." Adverse decision affirmed. CASE NO: 14-02548.a1


Financial

07/18/2016

Applicant incurred delinquent debts during a period of under-employment and unemployment. Efforts made to date show he substantially resolved his debts and his financial issues are under control. Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01405.h1


Financial

07/18/2016

Applicant did not mitigate the security concerns raised under financial considerations. Access to classified information is denied. CASE NO: 14-05858.h1


Drugs; Personal Conduct

07/15/2016

Applicant illegally used marijuana between 1999 and 2012. He falsified his 2005, 2011, and 2014 security clearance applications and made four false statements to investigators to cover his history of marijuana-related criminal conduct. His marijuana use and deliberate false statements continue to raise questions about his current reliability, trustworthiness, judgment, and ability to comply with the law and protect classified information. He failed to mitigate the Guidelines H and E security concerns. Clearance is denied. CASE NO: 14-06996.h1


Financial

07/15/2016

Applicant was alleged to be delinquent on 16 debts (three of which were duplicates) in the total amount of $58,259. She resolved only three of those delinquent debts and remains indebted to ten creditors. She failed to meet her burden to establish mitigation. Eligibility for access to classified information is denied. CASE NO: 12-11587.h1


Foreign Influence

07/15/2016

Applicant mitigated the security concerns raised by his septuagenarian mother-in-law, a resident citizen of Yemen, by demonstrating that he has met her exactly once, speaks to her annually, and that she has no connection to the Yemeni Government. No security concerns were raised by Applicant's wife, a Yemeni citizen legally resident in the U.S. since January 2012, who has applied for her U.S. citizenship and is awaiting her initial interviews. Clearance granted. CASE NO: 12-06955.h1


Financial

07/14/2016

ADP case. Applicant has not mitigated the trustworthiness concerns raised by her past-due debts. Finding of eligibility is denied. CASE NO: 14-06888.h1


Financial

07/14/2016

ADP case. Applicant has not mitigated the trustworthiness concerns raised by her past-due debts. Finding of eligibility is denied. CASE NO: 14-05202.h1


Guideline F

07/13/2016

Applicant argues that the Judge's analysis was flawed when he concluded Applicant forced his creditors through the bankruptcy process to accept far less than what they are owed. The Judge may properly consider that, even if the current Chapter 13 bankruptcy plan is successfully carried out, Applicant will have avoided paying the creditors much of his debt. Adverse decision affirmed. CASE NO: 15-00682.a1


Guideline F

07/13/2016

The Judge made extensive findings about Applicant's evidence and discussed it in the Analysis portion of the decision. The Judge reasonably explained why he concluded that Applicant had only qualified for partial mitigation of the security concerns raised. Adverse decision affirmed. CASE NO: 14-04201.a1


Guideline F

07/13/2016

A review of the record indicates Applicant was provided with the procedural rights set forth in Executive Order 10865 and the DOD Directive 5220.6. Adverse decision affirmed. CASE NO: 12-12192.a1


Guideline F

07/12/2016

Applicant cites to evidence that she argues the Judge failed to consider. The Judge made findings about much of those matters and discussed them in his analysis. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 14-00892.a1


Guideline F

07/12/2016

Applicant's appeal has failed to identify any harmful error. The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. Adverse decision affirmed. CASE NO: 12-10810.a1


Financial

07/11/2016

Applicant and his wife bought a home in March 2004 while on temporary duty for their employer for three years. In 2006, they opened a home-equity loan for home improvements. They deeded the property in 2007 to a limited liability company, which paid the mortgage for them until 2010. The home was taken in foreclosure and sold in 2011 to cover the defaulted mortgage. The home-equity loan was charged off for $45,014, but there is no evidence Applicant is being pursued for the debt. He has no record of other delinquency. His poor judgment appears to be an aberration not likely to be repeated. Clearance is granted. CASE NO: 15-01850.h1


Guideline F

07/11/2016

Applicant contends that the Judge was biased against her. While the Judge questioned Applicant throughout the hearing, sometimes a bit sharply, it appears to have been for the purpose of clarifying the record and assisting Applicant in articulating which debts she had paid. We find nothing in the record that would likely persuade a reasonable person that the Judge lacked the requisite impartiality. Adverse decision affirmed. CASE NO: 15-00022.a1


Financial

07/08/2016

Applicant is 35 years old and employed as a Systems Administrator by a defense contractor. His excessive indebtedness brought on by military downsizing, resulting in the loss of employment, has been mitigated by a good faith effort to resolve his debts. Clearance is granted. CASE NO: 15-03202.h1


Guideline F

07/08/2016

Applicant's appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence in the form of documents from creditors and a character reference letter. The Board cannot consider Applicant's new evidence on appeal. Adverse decision affirmed. CASE NO: 15-01564.a1


Guideline F

07/08/2016

Even if the Judge erred in making the challenged findings, such errors were harmless because they did not likely affect the outcome of the case given the evidence as a whole. The Judge's material findings of security concern are based upon substantial evidence or constitute reasonable inferences or conclusions that could be drawn from the evidence. Adverse decision affirmed. CASE NO: 15-01494.a1


Guideline F

07/08/2016

The Judge found that two SOR debts were duplicates of two others. For each pair she entered favorable findings for one debt and adverse findings for the other. An applicant suffers no prejudice when a Judge enters favorable findings for one of two duplicative allegations. Adverse decision affirmed. CASE NO: 12-11371.a1


Guideline F

07/07/2016

While the Judge's characterization of Applicant as a "foolish victim" may not be short of the mark, it does nothing to ameliorate concerns that Applicant's poor judgment is an ongoing feature of his life, one not checked by lessons painfully learned at the hands of swindlers. Viewing the evidence as a whole, the Judge's decision fails to consider important aspects of the case and runs contrary to the weight of the record evidence. Favorable decision reversed. CASE NO: 14-05803.a1


Guideline K; Guideline E

07/07/2016

The Judge's decision failed to consider important aspects of the case and improperly relied on a credibility assessment in place of record evidence. The decision ran contrary to the weight of the record evidence. Favorable decision reversed. CASE NO: 14-05794.a1


Guideline E; Guideline H

07/07/2016

Applicant's disagreement with the Judge's weighing of the evidence, or an ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-05328.a1


Guideline F

07/06/2016

The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 15-00949.a1


Guideline B

07/06/2016

We conclude that the Judge's material findings of security concern are supported by substantial evidence or constitute reasonable conclusions that could be drawn from the evidence. Applicant notes that the SOR alleges that he has five siblings, although he has only four. The Judge amended the SOR to reflect four siblings. His findings make references to Applicant's siblings without specifically stating the precise number. We find no error in the Judge's decision about this matter. Adverse decision affirmed. CASE NO: 15-00042.a1


Financial; Personal Conduct

06/30/2016

Applicant works for a defense contractor. He has three delinquent debts totaling $36,066, and two state tax liens totaling $2,441. Applicant paid the delinquent tax liens in 2013. He has not resolved the remaining three delinquent debts. Applicant falsely answered the financial question on the security clearance application, claiming he had no delinquencies or debts subject to collection. Applicant did not mitigate the Financial Considerations and the Personal Conduct security concerns. Eligibility for a clearance is denied. CASE NO: 15-03727.h1


Financial

06/30/2016

The SOR alleges eight delinquent debts totaling approximately $44,436. Applicant failed to provide sufficient evidence to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 15-03302.h1


Financial

06/30/2016

Applicant incurred delinquent debt when unemployed. She was not aware of all of her debts because her husband managed their finances. She has been employed by a defense contractor overseas. She presented documents to establish that she paid the delinquent debts listed in the SOR. Applicant mitigated financial security concerns. Eligibility for access to classified information is granted. CASE NO:15-02705.h1


Financial; Personal Conduct

06/30/2016

Applicant works for a defense contractor. She has 24 delinquent debts totaling $19,288. She has not resolved any of her delinquent debts. Applicant falsely answered the financial question on the security clearance application, claiming she had no delinquencies or debts subject to collection. Applicant did not mitigate the Financial Considerations and the Personal Conduct security concerns. Eligibility for a clearance is denied. CASE NO: 15-01949.h1


Financial

06/30/2016

Applicant's statement of reasons (SOR) includes allegations of delinquent debts, federal income tax returns not timely filed or paid, and a felony arrest in 2011. Applicant's felony-level arrest and charge did not result in a conviction and is not recent. Personal conduct security concerns are mitigated. He did not make enough progress paying his debts to mitigate financial considerations security concerns. Access to classified information is denied. CASE NO: 15-00909.h1


Drug Involvement

06/30/2016

Applicant works for a defense contractor. She admitted that she illegally used and purchased marijuana for 13 years. Applicant did not mitigate the Drug Involvement security concerns. Eligibility for a clearance is denied. CASE NO: 14-06419.h1


Foreign Influence

06/30/2016

Applicant, a U.S citizen by birth, is married to a naturalized U.S. citizen from Taiwan whose mother-in-law and brother-in-law are citizens and residents of Taiwan. Applicant's extended family members have no ties to the Taiwan government or military and little contact with Applicant. Taiwan is a democratic country with a good human rights record. Its collection practices are more than balanced by its strong inter-state relations with the United States. Any security risks from Taiwan's collection practices are manageable ones. Foreign influence concerns are mitigated. Clearance eligibility is granted. CASE NO: 14-05986.h1


Foreign Influence; Foreign Preference

06/30/2016

Applicant is a dual citizen of Nigeria and of the United States. His four brothers and three sisters are resident citizens of his native Nigeria. His two sons and two daughters are Nigerian citizens but reside in the United States. Foreign influence concerns raised by these foreign ties are overcome by his years of service to the United States. The foreign preference concerns raised by his possession of a foreign passport are mitigated by his surrender of that passport and his application to renounce his Nigerian citizenship. Clearance is granted. CASE NO: 14-05029.h1


Criminal Conduct; Alcohol Consumption; Personal Conduct

06/30/2016

Applicant was arrested a number of times and convicted three times over a 46-year time period. His last arrest in March 2011 resulted in a misdemeanor conviction. Applicant has rebutted or mitigated the Government's security concerns under criminal conduct, personal conduct, and alcohol consumption. Clearance is granted. CASE NO: 14-04179.h1


Foreign Influence; Foreign Preference, Financial Considerations

06/30/2016

Applicant, a dual U.S.-Taiwanese citizen, has addressed some financial issues, divested himself of a foreign property and related bank account, and explained why one brother and his parents are transient residents of Taiwan. Although he voted in a foreign election in 2012 out of curiosity, Applicant did so before considering the pursuit of an application for a public trust position. Therefore, he was unaware such an act would be considered an exercise of foreign preference. Now apprised of the criteria applied in assessing a candidate for a public trust position, he will not repeat such an act in the future. Applicant has mitigated the concerns raised. Eligibility for a public trust position is granted. ADP Case No. 14-04064


Alcohol Consumption; Drug Involvement

06/30/2016

Applicant has two convictions for driving under the influence (DUI) and one conviction for being drunk in public. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the facts proven by the written record concerning his history of excessive alcohol consumption. Accordingly, this case is decided against Applicant. CASE NO: 14-02416.h1


Financial

06/29/2016

Applicant experienced financial difficulties due to circumstances beyond his control, but mitigated the concern by acting responsibly. Clearance is granted. CASE NO: 15-02812.h1


Financial

06/29/2016

Applicant failed to meet his burden to mitigate the financial concerns raised by a $40,000 federal tax lien filed against him in December 2011. Clearance is denied. CASE NO. 15-02073.h1


Financial

06/29/2016

Applicant has not mitigated the security concerns under the financial guideline. He has unresolved mortgage loans. Eligibility for a security clearance is denied. CASE NO: 15-01506.h1


Financial; Personal Conduct

06/29/2016

Applicant, a disabled military retiree, was involved in a road-rage incident while teaching his daughter to drive. He drew his licensed handgun in self-defense only after the other driver displayed a weapon while approaching Applicant and his daughter, and Applicant feared for their safety. Although Applicant was convicted of a "violation" called disorderly conduct, the significance of the violation has been greatly diminished by the return of Applicant's handgun and permit. He had a mortgage debt associated with a dispute over structural deficiencies in his residence. Although there was a foreclosure, the residence was sold over a year before the SOR was issued for more than the balance of the loan. Applicant has no further financial liability or responsibility for the loan. There are substantial indications that Applicant's finances have never really been out of control. Applicant's actions under the circumstances confronting him during both the road-rage incident and related to his mortgage issues do not cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 15-00994.h1


Financial

06/29/2016

Applicant incurred a number of delinquent debts after losing his well-paying position as a mortgage loan officer when the market crashed. He has taken positive steps to address the delinquencies, and has substantially resolved them. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 15-00545.h1


Guideline B; Guideline E

06/29/2016

The Judge's findings capture the essence of Applicant's hearing testimony. After reviewing the record, we conclude that the Judge's material findings are based on substantial evidence, or constitute reasonable characterizations or inferences that could be drawn from the record. Considering the record evidence as a whole, the Judge's material findings of security concern are sustainable. Favorable decision affirmed. CASE NO: 14-06751.a1


Alcohol

06/29/2016

Although Applicant's successful completion of alcohol treatment was marred by two incidents of relapse, he has demonstrated his ability to remain abstinent over the past four years due to a strong support network, personal commitment, and a medical issue requiring him to remain alcohol-free or face potentially fatal consequences. Under these conditions, I find that Applicant has mitigated alcohol consumption security concerns. Clearance is granted. CASE No.: 14-06161.h1


Guideline F

06/29/2016

In his Answer to the SOR, Applicant admitted that he was late in filing his 2010-2012 Federal and state income tax returns. By failing to file those tax returns in a timely manner, Applicant did not demonstrate the high degree of good judgment and reliability required of persons granted access to classified information. Favorable decision reversed. CASE NO: 14-00221.a1


Guideline F

06/29/2016

The Administrative Judge shall make a written clearance decision in a timely manner setting forth pertinent findings of fact, policies, and conclusions as to the allegations in the SOR. The Judge's failure to mention Applicant's 2010 Federal returns contravenes this requirement and renders the Decision not sustainable. Favorable decision reversed. CASE NO: 12-10933.a1


Financial; Foreign Influence

06/29/2016

Applicant incurred delinquent debts when his career transition after a military career coincided with the housing market crash. He has taken effective steps to address the delinquencies, and has substantially resolved them. His long-term marriage to a former citizen of the Philippines and her present connections to that country pose no heightened risk. Former security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 12-08929.h1


Financial

06/28/2016

Applicant accumulated five delinquent debts that he has only partially resolved to date. He attributed most of his debt delinquencies to his divorce and ex-wife's petition for Chapter 13 relief. His claims that two of his reported debts were included in his ex-spouse's Chapter 13 petition and no longer appear in his credit are no longer his responsibility are not documented. And, Applicant did not document his disputes with the remaining creditors he does not recognize. Currently, he has no established plan to address his four still unresolved debts. His outstanding debts pose continuing trust concerns that have not been mitigated. Clearance eligibility is denied. CASE NO: 15-03772.h1


Financial

06/28/2016

Due to circumstances beyond his control, Applicant experienced financial difficulties, but mitigated the concern by acting responsibly under the circumstances. Clearance is granted. CASE NO: 15-02408.h1


Foreign Influence, Foreign Preference, Financial

06/28/2016

Applicant mitigated the security concerns under Guideline B, foreign influence and Guideline C, foreign preference. Applicant failed to timely file his federal and state income tax returns from 2008 to 2013. He has unpaid tax liens and other delinquent debts. He failed to mitigate the Guideline F, financial considerations security concerns. Clearance is denied. CASE NO: 15-02310.h1


Criminal Conduct; Personal Conduct

06/28/2016

Applicant did not meet his burden of producing information that mitigates the security concerns about his long history of criminal conduct and adverse personal conduct. His request for continued access to classified information is denied. CASE NO: 15-02208.h1


Financial

06/28/2016

In January 2014, the single delinquent debt listed on Applicant's statement of reasons (SOR) was resolved when the creditor accepted a deed in lieu of foreclosure and any debt owed was waived. She filed her 2010 federal income tax return 17 months late. In February 2013, the Internal Revenue Service (IRS) indicated her federal income taxes for the 2010 tax year were paid, which was more than two years before the SOR was issued. Several non-SOR debts are paid or are in current payment plans. She is communicating with her creditors and has assured she intends to continue to pay her debts. She has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-00306.h1


Foreign Preference, Foreign Influence

06/28/2016

Applicant mitigated the foreign preference concern by surrendering her passport to her facility security officer in July 2014. She has also mitigated the concerns raised by her relationships with relatives who are citizens of the Republic of Colombia. Clearance is granted. CASE NO. 14-06152.h1


Financial; Personal Conduct

06/28/2016

Applicant did not mitigate the financial considerations trustworthiness concerns. Personal Conduct trustworthiness concerns were not established. Eligibility for access to sensitive information is denied. CASE NO: 14-05537.h1


Foreign Preference, Foreign Influence

06/28/2016

Applicant is a naturalized U.S. citizen from India. In addition to maintaining close ties to family members who are citizens and residents of India, Applicant continues to accumulate significant ties to India through the accumulation of over $200,000 in India-based assets. Eligibility to occupy a position of trust is denied. CASE NO. 14-05043.h1


Financial

06/28/2016

Applicant has 21 delinquent debts totaling more than $33,000. He has not paid, resolved or disputed any of the debts. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-04460.h1


Foreign Influence; Drugs; Personal Conduct

06/28/2016

Applicant failed to meet his burden of showing there is little likelihood that his relationship with his wife and her relatives, who are living in Kyrgyzstan could create a risk for foreign influence or exploitation. His falsification of his 2013 security clearance application (SCA) is recent and serious. The personal conduct and foreign influence security concerns are not mitigated. He mitigated the drug involvement security concerns. His access to classified information is denied. CASE NO: 14-01663.h1


Personal Conduct, Financial

06/28/2016

Applicant experienced financial difficulties that have been resolved. He deliberately failed to disclose he had delinquent debts on his security clearance application. Applicant mitigated the security concerns under Guideline F, financial considerations, but failed to mitigate them under Guideline E, personal conduct. Clearance is denied. CASE NO: 12-12139.h1


Financial

06/28/2016

Applicant incurred federal and state tax debts and liens when the tax service he employed did not file the correct forms for his 2008 tax returns. Applicant did not follow-up with the tax service or the Internal Revenue Service (IRS). When the IRS garnished his wages, the federal taxes were paid. When Applicant filed an amended correct tax return, he received a refund. He refiled his state taxes and paid the state tax liens. He also contacted the creditors for the four remaining small debts. Applicant presented sufficient information to mitigate the financial security concerns. Eligibility for access to classified information is granted. CASE NO: 12-12134.h1


Financial

06/28/2016

Applicant incurred delinquent debt after his first marriage dissolved in 2008. He has demonstrated a good-faith effort to resolve his delinquent accounts. Clearance is granted. CASE NO. 12-12035.h1


Financial

06/28/2016

Applicant has had a long-standing problem with her finances which started at some point before October 2000 when she filed for bankruptcy. The discharge of her debts in February 2001 resolved those financial problems until 2008 when they arose again. With insufficient funds to continue monthly payments accounts became delinquent and were placed for collection. Taxes went unpaid; a house was foreclosed upon; a boat was repossessed. She took several cruises to various Caribbean Islands; purchased a new truck for $28,876; a boat for $21,878; and a used utility vehicle for $12,200. She built a house in 2010. She purchased a new vehicle for $19,294 in 2015. She is making modest monthly income tax payments for the tax year 2011. Although she has bank savings and a 401(k), in addition to a monthly remainder of nearly $1,200, Applicant refuses to take any action to pay her creditors, and she does not intend to do so. She expressed confidence that since the creditors could no longer collect from her because the statute of limitations had run, and her credit reports either have stopped or will soon stop reporting her accounts as delinquent, she has no further obligation to pay those debts. She believes she acted prudently and responsibly. Applicant's actions, under the circumstances confronting her, cast substantial doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 12-09849.h1


Financial; Personal Conduct

06/28/2016

Applicant is a 51-year-old employee who is seeking to obtain a security clearance. He did not meet his burden to present sufficient evidence to explain and mitigate the financial considerations security concern. With that said, he did not deliberately omit relevant information about his financial problems when he completed security clearance applications in 2012 and 2015. Eligibility is denied. CASE NO: 12-07700.h1


Financial

06/28/2016

Applicant has had a long-standing problem with her finances which started as early as 2000, and which is apparently continuing. There were 38 purportedly continuing delinquent accounts, totaling approximately $35,000, which had been placed for collection, charged off, or filed as judgments. Applicant repeatedly declared that she had successfully disputed some accounts, paid off others, or was either working on repayment arrangements or making payments under such agreements. She claimed she had documentation at her home to confirm the establishment of repayment plans or payments made. Despite repeated exhortations to submit such documentation, with the exception of four accounts, she failed to do so. Applicant's June 2016 Personal Financial Statement reflects no continuing payments for any of her SOR-related debts. Applicant's financial problems do not appear to be under control. Applicant's unsubstantiated actions under the circumstances cast substantial doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 12-06953.h1


Criminal Conduct; Financial; Personal Conduct

06/28/2016

The criminal conduct concerns were mitigated by the amount of time that has elapsed since the last offense. Applicant's omission of a 33-year old criminal offense from his security clearance application does not constitute a falsification, therefore there are no personal conduct security concerns. Conversely, Applicant failed to substantiate his contention that his delinquencies either have been paid, or are being paid through payment plans. Consequently, financial considerations security concerns remain. Clearance is denied. CASE NO: 12-06429.h1


Personal Conduct; Foreign Influence; Information Technology Systems

06/28/2016

Applicant was involuntarily terminated from his employment due to "violation of company policy" and "unauthorized use of [Government Furnished Equipment] for sexually explicit or sexually oriented materials. "The IT scan of Applicant's computer revealed that he viewed an "inappropriate" online dating website, and on one occasion in July 2010, he opened two unsolicited e-mails, one of which happened to contain photos of nude women, and the other of which contained something that he considered "offensive." In 2009 and 2010, he engaged in long-distance online and telephone relationships with several women who were foreign-born residents of various countries. He sent them various sums of money, estimated to be a total in excess of $60,000, allegedly earmarked by the recipients for transportation, medical care, support, and release from a customs. Applicant's alleged behavior occurred over four and one-half years before the SOR was issued, and there is no evidence of subsequent conduct of a similar nature. Applicant's emotional stress has dissipated and he has remarried. He no longer plays online games and no longer enters online dating websites. The alleged behavior is unlikely to recur. Applicant's actions, under the circumstances confronting him, no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 11-12635.h1


Financial

06/27/2016

Applicant has failed to demonstrate that he has addressed a significant alleged past-due debts. Clearance is denied. CASE NO: 15-02942.h1


Financial

06/27/2016

Applicant had most of his debts discharged by a Chapter 7 bankruptcy. He continued to accrue delinquent debt after the July 2010 discharge. He has not resolved the delinquent debts remaining from the discharge or accrued since the discharge. He deliberately failed to provide adverse financial information in response to questions on the e-QIP. He has not provided sufficient information to mitigate financial or personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02880.h1


Financial

06/27/2016

Applicant's house lost substantial value when there was a housing value crisis in approximately 2006. Applicant tried to work with the mortgage holders to reach more favorable payment terms to no avail. When she moved out of the state, she decided to abandon the house and mortgage to foreclosure. She has not inquired about the status of the mortgage. She has not contacted the mortgage holders concerning the debt or tried to make arrangements to resolve the debt. Applicant walked away from the mortgage debt. Applicant has not mitigated trustworthiness concerns based on financial issues. Eligibility for access to sensitive information is denied. CASE NO:15-02284.h1


Financial

06/27/2016

Applicant remains indebted to five creditors for debts that accumulated between 2009 and 2012, in an approximate amount of $28,850. 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: 15-01783.h1


Financial

06/27/2016

Applicant incurred delinquent debt because he did not have sufficient funds from his income to pay debts after paying his living expenses. He stated he paid in full three debts and is paying five other debts under a payment plan. Applicant failed to provide any documents to verify payment or resolution of any debts. Applicant did not mitigate security concerns based on financial matters. Eligibility for access to classified information is denied. CASE NO: 15-01757.h1


Financial

06/27/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by her recent bankruptcy. Clearance is denied. CASE NO: 15-01690.h1


Financial

06/27/2016

Applicant incurred delinquent debt from her daughter's illness and her low paying jobs and periods of unemployment. She presented no evidence of a plan to resolve the delinquent debt or any attempt to resolve the delinquent debt. She failed to mitigate financial trustworthiness concerns. Eligibility for a public trust position is denied. CASE NO: 15-01606.h1


Financial

06/27/2016

Applicant has a tax lien and a consumer debt that she attributes to her husband's failure to pay and advise her of the status of the debts. She has known of the debts since 2012 and stated she would resolve them. She has not presented any documents to establish that the debts have been resolved. Applicant has failed to mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 15-01409.h1


Financial

06/27/2016

Applicant's financial problems were caused by events beyond her control and she has acted responsibly in light of her circumstances. Accordingly, her eligibility to occupy a positon of trust is granted. CASE NO. 15-00947.h1


Foreign Influence; Foreign Preference

06/27/2016

Applicant was born in Taiwan but has been a resident of the United States for over 30 years and a citizen of the United States for over 20 years. She has a sister and brother who are residents and citizens of Taiwan. She has minimum yearly contact with them by telephone. She visits them in Taiwan infrequently. Applicant has a current Taiwan passport which she uses in conjunction with her United States passport to ease her travels into Taiwan. She does not possess a Taiwan passport because she has a preference for that country. Applicant mitigated foreign influence and foreign preference access to sensitive information concerns. Eligibility for access to sensitive information is granted. CASE NO: 15-00940.h1


Financial

06/27/2016

Applicant failed to timely file Federal and state tax returns for tax years 2011 through 2013. No independent evidence was introduced to establish that he has now filed the Federal and state tax returns for all three tax years. Mitigation has not been shown. Clearance is denied. CASE NO: 15-00799.h1


Guideline F

06/27/2016

The Judge found Applicant had 14 delinquent debts, including judgments, collection accounts and medical accounts totaling approximately $32,000. In reaching her adverse decision, she specifically considered the "extremely negative circumstances" Applicant referenced in his Appeal Brief including his contentious divorce, multiple illnesses, period of unemployment and homelessness. Adverse deicision affirmed. CASE NO: 15-00650.a1


Drug Involvement; Personal Conduct

06/27/2016

Applicant has not mitigated the security concerns under the drug involvement while holding a security clearance, and has not mitigated the security concern under personal conduct for not timely filing Federal and state taxes for 2008 and 2011. He has not provided sufficient information to carry his burden. Clearance is denied. CASE NO: 15-00611.h1


Financial

06/27/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-00061.h1


Drugs; Criminal Conduct

06/27/2016

Applicant was convicted of felony aiding and abetting of a sale of marijuana to confidential informant with the intent to distribute, and was sentenced to five years of incarceration (suspended) and indefinite supervised probation. While she has completed the supervised phase of her probation, she remains subject to the good behavior requirements set by the sentencing court for the remainder of her five-year suspended sentence. Clearance is denied. CASE NO: 14-06977.h1


Financial

06/27/2016

Applicant had two significant overdue debts which resulted from several incidents of family illness and periods of unemployment of her husband. She has paid off one of the delinquent debts, and she and her husband made a reasonable offer to set up a payment plan to pay off the other debt, but it was not accepted. They are not delinquent on any other debts. Mitigation has been shown. Clearance is granted. CASE NO: 14-06551.h1


Foreign Preference, Foreign Influence

06/27/2016

Despite having elderly parents and a sibling living in China, Applicant has become thoroughly acclimated to the family and lucrative career he has developed in the United States since coming to this country and becoming a United States citizen. His financial assets in this country are notable and he has no desire to relocate to abroad. He has had his Chinese passport cancelled. On balance, Applicant's loyalties are clearly with the United States. Foreign preference and foreign influence security concerns are mitigated. Clearance granted. CASE No. 14-05983.h1


Financial

06/27/2016

Applicant did not meet his burden of producing information that mitigates the security concerns about his past-due or delinquent debts. His request for access to classified information is denied. CASE NO: 14-05934.h1


Financial

06/27/2016

Applicant did not meet his burden of producing information that mitigates the security concerns about his past-due or delinquent debts. His request for continued access to classified information is denied. CASE NO: 14-05321.h1


Guideline H; Guideline E

06/27/2016

After reviewing the record, we conclude that the Judge's material findings are based on substantial evidence, or constitute reasonable characterizations or inferences that could be drawn from the record. Applicant has not identified any harmful error likely to change the outcome of the case. The Judge's material findings of security concern are sustainable. Adverse decision affirmed. CASE NO: 14-05084.a1


Financial

06/27/2016

Despite multiple periods of unemployment, Applicant failed to describe any reasonable measures to curb or address his debt acquisition over the past decade. Of the dozen delinquent debts at issue, amounting to almost $10,000, he is no longer past due on child support, he paid a $128 balance, and reduced another debt by $100. The rest of the debts, most of which he does not recognize and which he notes are no longer on his credit report, remain uninvestigated and unaddressed. Consequently, financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 14-04656.h1


Finances

06/27/2016

Applicant accrued delinquent over a number of years while in military service and while providing child support for one child. He sought to address his delinquent debt with a bankruptcy petition in 2005, but it was dismissed due to his inability to make payments on the related plan in 2009. Applicant was made aware of the delinquent debts at issue in 2014 and has only recently begun addressing more than a few of the debts. To this end, he has also recently enlisted the aid of a law firm. While he showed that his misuse of a Government travel card was accidental, and that a child support garnishment was instituted as a matter of procedure, not neglect, there is more work to be done toward instituting a workable plan to address the debts at issue. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 14-03930.h1


Personal Conduct

06/27/2016

Applicant received a Letter of Reprimand in March 2012 for sexual harassment for sending inappropriate electronics messages to a female co-worker. There had also been complaints against him by two additional co-workers in 2009 and 2010. Applicant believed that his contact with these co-workers was of a friendly nature and he was not aware of the complaints until March 2012. Applicant has averred that since he became aware he has been making a strong attempt to treat each person with whom he works with respect, and there has been no evidence of any further complaints of sexual harassment after March 2012. Mitigation has been shown. Clearance is granted. CASE NO: 14-02451.h1


Financial

06/27/2016

Applicant has had significant overdue debts, but evidence was introduced to show that they have been resolved or are being reduced according to payment plans. Mitigation has been shown. Clearance is granted. CASE NO: 12-07874.h1


Financial

06/27/2016

Applicant has had significant overdue debts. Applicant began working at his present employment in 2010, but he did not begin attempting to resolve his debts until 2015, after the SOR was issued. While he has started making payments and resolving some debts, there is no explanation for his waiting so long to address the debts. Mitigation has not been shown. Clearance is denied. CASE NO: 12-01601.h1


Financial

06/24/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-03653.h1


Guideline F

06/24/2016

We have, in the past, remanded cases to the appropriate judges for consideration of documents that applicants had submitted but which were not incorporated into the record. However, in this case there is nothing in the record to corroborate Applicant's claim that he actually submitted this documentation, such as postal receipts, USPS tracking documents, etc. Also, Applicant does not attach the cited documents to his appeal brief, nor does Applicant state when he submitted this documentation or during what stage of the security clearance process he provided it to the Government. Accordingly, we find no reason to remand the case. Adverse decision affirmed. CASE NO: 15-02156.a1


Financial

06/24/2016

Applicant provided sufficient information to establish that his income has stabilized, and he introduced documentary evidence showing that he has addressed over $12,000 of his $15,000 in delinquent debt. Clearance is granted. CASE No.: 15-00257.h1


Guideline F

06/24/2016

Even if the Judge made the errors that Applicant has alleged, they did not likely exert an effect on the outcome of the case. Her decision was based upon a paucity of mitigating evidence regarding responsible conduct after the compromise of her credit card, which is sustainable. Adverse decision affirmed. CASE NO: 14-06338.a1


Guideline K; Guideline M; Guideline E

06/24/2016

An SOR is an example of notice pleading. It is not held to the same standards as a criminal indictment. So long as an SOR places an applicant on notice of the matters to be addressed in the DOHA proceeding, it satisfies the requirements of the Directive. We examine a Judge's decision regarding amending an SOR for an abuse of discretion.. A variance between pleading and proof constitutes harmful error only if the variance is material. Variances are material only in those cases in which the extent of the variance is so great that the SOR allegation fails to serve as reasonable notice to the applicant of the concerns against him, thereby subjecting him to unfair surprise when confronted with the Government's evidence. Adverse decision affirmed. CASE NO: 14-05127.a1


Drugs; Personal Conduct

06/24/2016

Applicant mitigated the security concerns based on drug involvement, but he has not mitigated the security concerns raised by his false confession to criminal investigators. CASE NO: 14-03863.h1


Foreign Influence

06/24/2016

Afghan-born Applicant (a civilian linguist assisting the U.S. military in intelligence-gathering in Afghanistan) immigrated with her family to Pakistan and sought asylum. Her mother and two sisters eventually became naturalized citizens and residents of the Netherlands. Applicant married a U.S. citizen in Pakistan, and they entered the United States in 1997. They separated in 1998. Applicant became a naturalized U.S. citizen in 2008. One sister and brother-in-law are U.S. citizens residing in the United States. One sister and brother-in-law are Afghan citizen-residents. One sister and brother-in-law are citizens and residents of Uzbekistan. Applicant has offered to continue to risk her life to support the United States' goals in Afghanistan and has shown her patriotism, loyalty, and fidelity to the United States. There are no questions or doubts as to her security eligibility and suitability. Clearance is granted. CASE NO: 14-03762.h1


Guideline H; Guideline E; Guyideline B

06/24/2016

Considering all the circumstances, the Board concludes Applicant waived his right to a hearing and received a reasonable opportunity to respond to the FORM, including the option to present additional evidence for consideration in his case. Absent a showing of factual or legal error that affects a party's right to present evidence in the proceeding below, a party does not have the right to have a second chance at presenting his or her case before an administrative judge. Adverse decision affirmed. CASE NO: 14-02730.a1


Material, Intentional False Statement, Deception, or Fraud

06/23/2016

Applicant falsified material facts on a Declaration for Federal Employment form (306), signed by the Applicant on January 30, 2015, when he failed to disclose he was discharged in September 2012. It is not clearly consistent with the national interest to grant Applicant CAC eligibility. CAC CASE NO: 15-07485CAC.h1


Financial

06/23/2016

Single motherhood, sporadic child support, and low wages prevent Applicant from paying her student loan debt. She resolved several consumer debts and lives within her means. It is likely Applicant will pay her student loans once her income increases. Trustworthiness concerns raised under financial considerations are mitigated. Eligibility for a sensitive position is granted. CASE NO: 15-03702.h1


Drugs; Personal Conduct

06/21/2016

Applicant did not mitigate the security concerns raised by her past illegal drug involvement and dishonesty about it during the security clearance process. Notwithstanding the presence of some favorable evidence, her conduct raises questions about her security clearance eligibility. Clearance is denied. CASE NO: 15-02813.h1


Financial; Personal Conduct

06/21/2016

Applicant was alleged to be delinquent on five debts in the total approximate amount of $23,512. All alleged debts are unresolved. Additionally, Applicant intentionally failed to disclose his financial delinquencies and judgment on his security clearance application. Resulting trustworthiness concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to sensitive information is denied. CASE NO: 15-02400.h1


Financial

06/21/2016

Applicant has 24 delinquent debts totaling more than $40,000. He has not paid, resolved or disputed any of the debts. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-02298.h1


Finances

06/21/2016

Applicant accrued delinquent debt after a home he could not afford faced foreclosure in 2008 and then when his salary was reduced in around 2013 or 2014. He is relying on the fact many of his debts were deleted from his credit report in order to acquire a new mortgage, the details of which he does not know. He presented no documentary evidence showing that he has addressed any of the delinquent debts at issue, and his plan for addressing some of the debt is to borrow from family. Financial considerations security concerns are not mitigated. Clearance is denied. CASE No.: 15-02163.h1


Financial

06/21/2016

Applicant has failed to address her alleged past-due debts. Access to sensitive information is denied. CASE NO: 15-01887.h1


Guideline F

06/21/2016

Applicant failed to make a prima facie showing that she submitted documents that were not included in the record. Applicant did not rebut the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 14-02362.a1


Financial

06/21/2016

Applicant has failed to demonstrate that he has addressed any of the alleged past-due debts. Clearance is denied. CASE NO: 12-11202.h1


Criminal or Dishonest Conduct

06/20/2016

Applicant grew up in a heavy-crime area. He was involved in drugs, alcohol, and criminal activity. From 1990 to 1997, he was arrested on multiple occasions for crimes including robbery, burglary, battery on a police officer, and being under the influence of a controlled substance. He went through a rehabilitation program in 1999. I am convinced Applicant is rehabilitated and that his two recent brushes with the law for bouncing a check and breaking his girlfriend's cell phone are not indicative of his current state of rehabilitation. Common Access Card (CAC) eligibility is granted. CASE NO: 15-05769.CAC.h1


Financial

06/20/2016

Applicant has a history of financial problems, dating back at least to 1997, and more recently includes his failure to file tax returns beginning in 2010. He has delinquent debts that are not paid or resolved. Financial security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-04153.h1


Criminal or Dishonest Conduct

06/20/2016

Applicant is 57 years old. He owes more than $158,000 in defaulted student loans and more than $10,000 for overpaid unemployment compensation. Those debts do not raise Common Access Card (CAC) eligibility concerns. However, his unpaid federal taxes and failure to file his federal income tax returns raise unmitigated CAC-eligibility concerns. CAC eligibility is denied. CASE NO: 15-02333.CAC.h1


Financial; Drugs

06/20/2016

Applicant stopped using marijuana over four years ago. Drug involvement security concerns are mitigated. Although circumstances beyond Applicant's control contributed to her financial problems, she did not provide sufficient evidence to show that she was resolving her delinquent accounts. Security concerns raised under financial considerations are not mitigated. Eligibility for a security clearance is denied. CASE NO: 15-02042.h1


Financial

06/20/2016

Applicant provided sufficient evidence to mitigate security concerns raised under financial considerations. Eligibility for a security clearance is granted. CASE NO: 15-01862.h1


Financial

06/20/2016

Applicant claims that his mortgage payments are current and he paid or is paying his other delinquent debts. He provided no documentary evidence as to the current status of his mortgage or his payment of other debts. Applicant failed to provide sufficient information to mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 15-01659.h1


Financial; Personal Conduct

06/20/2016

Applicant has not mitigated the security concerns raised by his financial delinquencies and lack of candor in his security clearance application. Clearance is denied. CASE NO: 15-01418.h1


Financial

06/20/2016

Applicant had tax liens totaling $143,299 lodged against him for unpaid taxes related to his business he operated from 1997 to 2009. He also had two unresolved medical debts and a delinquent utility bill totaling $3,244, collectively. He has resolved both of his medical debts, the utility bill, and all but one tax lien. He is making regular monthly payments on his remaining tax delinquency. Based on a review of the pleadings, exhibits, and testimony, I conclude that Applicant has mitigated the security concerns raised under the guideline for Financial Considerations. His request for a security clearance is granted. CASE NO: 15-01256.h1


Foreign Influence

06/20/2016

Applicant works for a defense contractor. He is a U.S. citizen, married to an Indian citizen who is a resident alien. Applicant has three siblings who live, work, and are citizens of India. He owns an apartment in India which benefits his sister financially. Applicant mitigated the foreign influence security concerns regarding his connections to India and preference for the United States. Eligibility for a clearance is granted. CASE NO: 15-01200.h1


Financial

06/20/2016

Applicant experienced many circumstances beyond her control. She has held a security clearance since 1998 without incident. She is praised for her exemplary work ethic. She has already paid non-SOR debts and some SOR debts. She has addressed all allegations and has either a payment plan or a settlement for the accounts. She presented sufficient mitigation under the financial guideline. Eligibility for a security clearance is granted. CASE NO: 15-00731.h1


Financial

06/20/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-00630.h1


Financial

06/20/2016

Applicant has had a long-standing problem with his finances which started as early as 2006 or 2007, and which is apparently continuing. State income tax liens were filed against him in 2005, 2010, and 2012, and a federal income tax lien was filed in 2011. Student loans went into default and various other accounts became delinquent and were placed for collection. He repeatedly declared his intentions to contact his creditors and resolve his delinquent accounts. He contended that repayment plans had been established and payments made for many of his accounts. He claimed to have documentation supporting his contentions, but aside from a few minor insignificant medical bills, he failed to furnish documentation to confirm the establishment of repayment plans or payments made. What he claimed were payments, were actually increased withholdings for end-of-the-tax-year application and resolution. His declared monthly remainder of funds for discretionary saving or spending remained unsubstantiated, and if true, would have enabled Applicant to resolve nearly all of his debts before the FORM was issued. Applicant's financial problems do not appear to be under control. Applicant's unsubstantiated actions under the circumstances cast substantial doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 14-06744.h1


Criminal Conduct; Financial

06/20/2016

Applicant is now making payments on four student loans totaling $12,893 as of August 2015. The financial considerations security concerns are mitigated, but criminal conduct concerns persist. A June 2013 cocaine possession charge was dismissed on Applicant's completion of adult drug court in January 2015. Yet, he has failed to provide a consistent, credible account of the incident. Clearance is denied. CASE NO: 14-05736.h1


Financial; Foreign Influence

06/20/2016

Applicant is a 45-year-old employee who is seeking to retain a security clearance. His connection to Russia based primarily on his marriage to a dual-citizen of the United States and Russia does not present an unacceptable risk of foreign influence. But he did not present sufficient evidence to show that he has made a reasonable effort to pay, settle, dispute, or otherwise resolve a child-support arrearage of approximately $145,000, which is a security concern. Eligibility is denied. CASE NO: 14-05154.h1


Financial

06/20/2016

Applicant failed to mitigate security concerns raised by his financial circumstances. He has a long history of failing to pay his debts and has accumulated a sizeable amount of delinquent debt. He recently started taking action to address his delinquent debts, but did not present sufficient evidence that his financial situation is under control. Clearance is denied. CASE NO: 14-02124.h1


Finances

06/20/2016

Applicant satisfied one minor debt among over $100,000 in delinquent debts he testified were accrued due to one year of reduced salary about six or seven years ago. The few documented efforts to address these debts were recent and incomplete. Financial considerations security concerns are not mitigated. Clearance is denied. CASE No.: 12-12188.h1


Financial

06/20/2016

Although Applicant's financial problems were caused by circumstances beyond his control, he failed to provide evidence documenting what progress, if any, he has made in addressing them. Clearance is denied. CASE NO: 12-10841.h1


Financial

06/20/2016

Applicant's divorce led to his financial problems. The steps that he has taken to resolve them just began after the hearing. Under these circumstances, it is too soon to conclude that he has resolved the financial considerations security concern. Clearance is denied. CASE NO: 12-10808.h1


Financial

06/20/2016

Applicant's statement of reasons (SOR) alleges 22 delinquent debts totaling $24,075. In 2015, he paid $6,300 to his creditors. The delinquent SOR debt total is now $9,692. He has a documented plan to resolve the remaining delinquent debts. Over the previous five years he has paid numerous debts, and he has a track record of debt payment. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 12-10363.h1


Financial

06/20/2016

Applicant accumulated a number of delinquent obligations, mostly medical and student loan debts. Applicant has since paid or resolved all but one of his debts listed in the SOR. His only unresolved debt is a small medical debt he disputes. Applicant's prospects for avoiding any recurrent financial problems are promising. Financial concerns are mitigated. Clearance is granted. CASE NO: 12-09524.h1


Financial

06/20/2016

Applicant is a 57-year-old employee who is seeking to retain a security clearance. She had financial problems leading to a home foreclosure in 2008 due to a combination of her husband's unexpected job loss in 2007, and her husband's abandonment of their marriage in 2008. She met her burden to present sufficient evidence to explain and mitigate the financial considerations security concern. Eligibility is granted. CASE NO: 12-08633.h1


Financial

06/17/2016

Applicant is 48 years old and employed as a Production Controller II by a defense contractor. Her history of financial indebtedness brought on by circumstances beyond her control, namely, a serious illness followed by a job lay-off and loss of medical insurance, has been mitigated. Clearance is granted. CASE NO: 15-04189.h1


Guideline F

06/17/2016

Applicant has several delinquent debts. Applicant attributed her problems to several periods of unemployment. Her credit reports show that her debts were incurred over a number of years. She did not provide information about how much, if any, of her savings she utilized for debt payment. The Judge found that two of the nine SOR debts were either resolved or were being resolved. For the remainder, however, he found that they have not been paid. Adverse decision affirmed. CASE NO: 15-01588.a1


Guideline F

06/17/2016

Although the Judge may have erred in her findings about Applicant's personal information, it is likely that she would have rendered the same decision even if the errors had not been made. Therefore, the Judge's errors are harmless. Adverse decision affirmed. CASE NO: 15-01191.a1


Foreign Preference; Foreign Influence

06/17/2016

Applicant works for a defense contractor. His father is an Iran citizen and resident. His mother is a French and U.S. citizen residing in France. She will move to the United States soon. His father is an 81 year-old physician and his mother is a 76 year-old translator. Applicant is a United States citizen born in the U.S. Applicant mitigated the foreign preference and foreign influence security concerns. Eligibility for a clearance is granted. CASE NO: 15-00425.h1


Guideline E

06/17/2016

The presence of some mitigating evidence does not alone compel the Judge to make a favorable decision. The Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. A party's disagreement with the Judge's weighing of the evidence, or an ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-06508.a1


Guideline F

06/17/2016

Conduct not alleged in the SOR may be considered for limited purposes such as assessing an applicant's credibility; evaluating an applicant's evidence of extenuation, mitigation, or changed circumstances; considering whether an applicant has demonstrated successful rehabilitation; or providing evidence for whole-person analysis. Non-alleged conduct, of course, cannot be used and considered in a manner that contravenes the notice requirements in the Directive. While non-alleged conduct may be relevant in establishing an SOR allegation, it may not become the basis for denying or revoking a security clearance. Adverse decision remanded. CASE NO: 12-11375.a1


Financial

06/17/2016

Applicant did not submit sufficient evidence in mitigation showing that he has resolved his Federal and state tax issues. Clearance is denied. CASE NO: 12-09201.h1


Guideline F

06/16/2016

Applicant's disagreement with the Judge's weighing of the evidence is not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-01270.a1


Guideline F

06/16/2016

Applicant did not rebut the presumption that the Judge considered all of the evidence. The Judge's whole-person analysis complies with the requirements of the Directive in that she evaluated the case in light of the totality of the evidence. Adverse decision affirmed. CASE NO: 14-02605.a1


Guideline G; Guideline E

06/16/2016

The Judge's material findings are supported by substantial evidence. Evidence of other wrongs or acts may be admissible to establish mens rea. Inconsistent statements can undermine an applicant's reliability. A Judge is presumed to have considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 14-00978.a1


Financial

06/15/2016

Applicant had her wages garnished in April 2010 and July 2014; had delinquent tax debts in 2010 and 2011; and violated her company's policy regarding misuse of her corporate credit card in 2009. Applicant failed to present sufficient mitigating evidence. Eligibility for access to classified information is denied. CASE NO: 15-05793.h1


Financial

06/15/2016

Applicant remains indebted to seven creditors, for judgments and charged-off or collection accounts, in the total approximate amount of $37,164. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 15-01176.h1


Guideline F

06/15/2016

A credibility determination based solely on a written record is not entitled to the same deference as one based observing a witness's demeanor. Favorable decision reversed. CASE NO: 15-01031.a1


Guideline H; Guideline E

06/15/2016

Applicant appears to challenge the Judge's Guideline E conclusions, stating that Guideline H specifically addresses drug use. An SOR allegation may be included under more than one Guideline and may be given independent weight under each. In evaluating the Guideline H concerns, the Judge addressed Applicant's use of drugs while holding a clearance, a matter identified as disqualifying under that Guideline. His Guideline E analysis focused upon Applicant's decision to self-medicate with marijuana. Such conduct raises an issue of questionable judgment, placing it within the scope of Guideline E which addresses conduct that involves questionable judgment or unwillingness to abide by rules and regulations. We find no error in the manner in which the Judge evaluated Applicant's conduct under both guidelines. Adverse decision affirmed. CASE NO: 14-06135.a1


Guideline F

06/15/2016

Applicant contends that the Judge's treatment of his case for mitigation failed to take into account significant evidence, including his financial counseling; his having resolved other, non-alleged, debts; and his unemployment. In fact, the Judge addressed much of the evidence that Applicant cites. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Given evidence that the debt at issue in this appeal had been delinquent for many years, that Applicant apparently has the ability to address it, and that by his own admission he has done little to do so, the Judge's conclusions about mitigation are sustainable. Adverse decision affirmed. CASE NO: 14-06131.a1


Guideline F

06/15/2016

A notation that a debt was removed in a credit report without further explanation does not establish the reason why that action was taken. Applicant's credit reports do not establish that he dealt with creditors in a responsible manner. The Judge's material findings are based on substantial evidence, or constitute reasonable characterizations or inferences that could be drawn from the record. A Judge is precluded from raising security concerns outside the scope of the SOR without amending the SOR and giving the parties a reasonable time in which to prepare to address the amendment. However, conduct not alleged or otherwise fairly embraced by the SOR may be relevant for other purposes such as evaluating an applicant's credibility, rehabilitation, or case in mitigation. There is no basis for concluding that the Judge considered matters not alleged in the SOR for an improper purpose. Adverse decision affirmed. CASE NO: 14-03475.a1


Case Number: 15-00469.h1
Foreign Influence

06/14/2016

Applicant has mitigated the security concerns under the foreign influence guideline in this case. He is a linguist who works for the U.S. military in Afghanistan. He presented sufficient mitigation. Clearance is granted. CASE NO: 15-00469.h1


Alcohol

06/14/2016

Applicant had alcohol-related incidents in the 1980s, in 2008, and in 2011. He has not had an alcohol-related incident in more than four years. He drinks responsibly and in moderation. CAC eligibility is granted. CASE NO: 15-06064.CAC.h1


Financial

06/14/2016

Applicant accumulated three delinquent debts (two of them major debts), which he has insufficiently addressed (except for one small debt) to demonstrate they have returned to current status or are covered by repayment plans likely to ensure their return to current status in the foreseeable future. Financial concerns are are not mitigated. Clearance is denied. CASE NO: 15-01422.h1


Financial; Alcohol; Criminal Conduct

06/14/2016

Applicant presented sufficient information to mitigate security concerns raised under financial considerations, alcohol consumption, and criminal conduct. Security clearance is granted. CASE NO: 15-01198.h1


Drugs; Personal Conduct

06/14/2016

Applicant is a 33-year-old employee who is seeking to retain a security clearance. He provided sufficient evidence of reform and rehabilitation to explain and mitigate the misuse and abuse of painkillers and his illegal purchase of the same. He did not falsify his 2009 security clearance application by omitting his drug abuse because he was not then misusing or abusing the painkillers. Eligibility is granted. CASE NO: 15-00044.h1


Financial

06/14/2016

Applicant's financial problems initially occurred when the national economy and the associated housing market collapsed, events that were largely beyond her control. Her income from her businesses as a licensed realtor and mortgage broker essentially evaporated. She closed those businesses, prioritized her bills, and paid off as many of her accumulated debts as possible. Her brief separation from her husband caused additional stress. The climate events of 2012 – Superstorm Sandy – caused devastation to the business in which she and her husband worked. The political and economic events of 2013 – the budget sequestration – shut down their business, and for eight months, they managed to financially survive with very little income aside from her husband's monthly modest disability check. Applicant maintained contact with her creditors. Finally, the financial situation improved when the company returned to profitability in 2014 and 2015. Of the nine delinquent accounts alleged in the SOR, one was resolved before the SOR was issued, and seven others were resolved shortly before the hearing was held. It is significant that although the statute of limitations had apparently expired for most of the accounts, meaning that there was no legal enforcement mechanism to require that Applicant pay those debts, she chose to do so. It appears that Applicant's financial status has improved significantly, and that her financial problems are finally under control. She acted prudently and responsibly. Applicant's actions, under the circumstances confronting her, no longer cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 14-07065.h1


Financial

06/14/2016

Applicant did not mitigate security concerns related to his finances. Clearance is denied. CASE NO: 14-06314.h1


Financial

06/14/2016

Applicant's home loan and some other consumer credit accounts became delinquent during his divorce. He is not being held liable for any mortgage debt after his home loan was foreclosed in December 2014, but he owes approximately $43,608 in credit card debt from his divorce, of which $25,319 was past due as of September 2015. Applicant has yet to demonstrate a track record of payments toward his delinquent debts. Clearance is denied. CASE NO: 14-03799.h1


Financial

06/14/2016

Applicant filed a Chapter 13 bankruptcy petition in February 2012 to address $1,882 in unsecured delinquent consumer credit debt and $176,572 in mortgage debt. Payments were disbursed to four creditors under a confirmed Chapter 13 plan before his case was closed without entry of discharge for failure to complete financial counseling. He defaulted on his home loan, and his lender foreclosed. He has yet to demonstrate that he can handle his finances responsibly. Clearance is denied. CASE NO: 14-03551.h1


Financial, Personal Conduct

06/13/2016

Applicant experienced financial difficulties that he is resolving. He refuted the personal conduct security concerns and mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-02569.h1


Financial

06/13/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-02239.h1


Drugs

06/13/2016

Applicant failed to mitigate the drug involvement concerns. Eligibility for access to classified information is denied. CASE NO: 15-01662.h1


Financial

06/13/2016

Applicant did not carry his burden of producing information that mitigates the security concerns raised by multiple filings of bankruptcy petitions between 2004 and 2015. Applicant's request for eligibility for access to classified information is denied. CASE NO: 15-01350.h1


Foreign Influence

06/13/2016

Applicant is a 46-year-old employee of a federal contractor. He met his burden to present sufficient evidence to explain and mitigate the foreign influence concern stemming from his family ties to India. Eligibility is granted. CASE NO: 15-00496.h1


Financial; Personal Conduct

06/13/2016

Applicant did not carry his burden of producing information that mitigates the security concerns about his past-due or delinquent debts, and about his personal conduct. His request for eligibility for access to classified information is denied. CASE NO: 14-06543.h1


Financial

06/09/2016

Applicant's finances were adversely affected, to some extent, by circumstances beyond her control. She recently resolved five of the eight SOR debts, and has three SOR debts left to resolve. She has established a track record of debt payment and resolution. She understands that she is required to demonstrate financial responsibility to be eligible for a clearance and ultimately her job. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-05702.h1


Financial

06/09/2016

Applicant is 42 years old. She has delinquent debts that she recently began resolving through a Chapter 13 bankruptcy payment plan. She has not established a sufficient reliable track record of financial stability. Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 15-02153.h1


Financial; Personal Conduct

06/09/2016

Applicant has not mitigated the security concerns raised by his financial problems and falsification of his security clearance application. Clearance is denied. CASE NO: 15-01967.h1


Financial

06/09/2016

Applicant's statement of reasons (SOR) alleges three delinquent debts totaling $23,482. He failed to provide sufficient information about his finances and documented evidence of progress resolving his SOR debts. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 14-07037.h1


Guideline F

06/09/2016

Applicant did not raise an issue of harmful error. We cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 14-05468.a1


Guideline F; Guideline E

06/09/2016

The Judge's findings of fact are supported by substantial evidence. Applicant has not rebutted the presumption that the Judge considered all of the evidence. Applicant has not demonstrated that the Judge mis-weighed the evidence. Adverse decision affirmed. CASE NO: 14-03944.a1


Guideline F; Guideline E

06/09/2016

Applicant did not raise an issue of harmful error by the Judge. Our jurisdiction is limited to cases in which the appealing party alleges harmful error. Adverse decision affirmed. CASE NO: 14-02633.a1


Handling Protected Information; Personal Conduct

06/08/2016

Applicant works for a defense contractor. Applicant had six security incidents between 2010 and 2014. He did not make full disclosure of them on his security clearance application or to the government investigator. Eligibility for a clearance is denied. CASE NO: 15-03293.h1


Financial

06/08/2016

Applicant is 34 years old. She experienced financial problems due to underemployment and unemployment. She does not receive consistent child support payments. She is slowly resolving her delinquent debts and becoming financially stable. She mitigated the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 15-01215.h1


Drug Involvement; Personal Conduct

06/08/2016

Applicant mitigated the drug involvement and personal conduct security concerns. Clearance is granted. CASE NO: 15-00894.h1


Guideline F

06/08/2016

Applicant asserts that the Judge did not receive all the documents she submitted. Her response to the FORM includes six and a fraction pages. The Judge cites to her documentation. Adverse decision affirmed. CASE NO: 15-00821.a1


Financial; Drug Involvement

06/08/2016

Applicant has significant overdue debts, and no independent evidence was introduced to establish that any of the debt has been resolved or reduced. Also, no independent evidence was introduced to establish that Applicant's current financial status is stable and that he is able to resolve his past debts or stay current with his recent debts. Applicant illegally used marijuana from 2000 to at least 2014. No evidence was introduced as to Applicant's character, or his current or past employment records; nor was there any evidence in the record that would give insight as to Applicant's current reliability, trustworthiness or good judgment to conclude that he would not use illegal drugs in the future. Mitigation has not been shown. Clearance is denied. CASE NO: 15-00032.h1


Financial

06/08/2016

Applicant was indebted to five creditors in the total approximate amount of $9,111. Applicant presented evidence he resolved only one of his five delinquent accounts. The remaining four unresolved accounts total $9,028. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 14-07018.h1


Financial; Personal Conduct

06/08/2016

Applicant was alleged to be indebted to 12 creditors in the total approximate amount of $223,836. One debt was a duplicate. The remaining 11 alleged debts are unresolved and total $159,266. Additionally, Applicant intentionally failed to disclose his financial delinquencies, repossession, and judgment on his security clearance application. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 14-06762.h1


Guideline F

06/08/2016

The error demonstrated by Applicant was harmless. Adverse decision affirmed. CASE NO: 14-06259.a1


Financial

06/08/2016

Applicant has significant overdue debts, and with the exception of two small debts that Applicant has disputed, no independent evidence was introduced to establish that any of the debt has been resolved or reduced. Also, no independent evidence was introduced to establish that Applicant's current financial status is stable and that she is able to resolve her past debts or stay current with her recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 14-05324.h1


Mental

06/08/2016

Applicant was diagnosed with bipolar disorder. While there is evidence of medicine compliance from August 2013 to May 2014, her qualified health care professional opined that she has a condition that could impair her judgment, reliability or ability to properly safeguard classified national security information. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 14-02960.h1


Guideline F

06/08/2016

Applicant submitted documents after the date which the Judge had designated for closure of the record. The admitted them the documents into the record. Adverse decision affirmed. CASE NO: 14-02371.a1


Sexual Behavior; Personal Conduct; Criminal Conduct

06/07/2016

Applicant is a 39-year-old employee who is seeking to retain a security clearance. He presented sufficient evidence to explain and mitigate the security concerns stemming from his sexual behavior of a criminal nature (solicitation of prostitution) in June 2014. Eligibility is granted. CASE NO: 15-04716.h1


Financial, Personal Conduct

06/07/2016

Applicant began accumulating delinquent debts in 2012, after leaving military service and becoming unemployed. He mitigated the financial security concerns and refuted the personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 15-03251.h1


Financial

06/07/2016

Applicant did not carry his burden of producing information that mitigates the security concerns about his past-due or delinquent debts. His request for access to classified information is denied. CASE NO: 15-02905.h1


Drugs

06/07/2016

Applicant is 52 years old and employed as a Professor and Chair of a Department at a University. His use of marijuana on two occasions while possessing a security clearance, the most recent use occurring in 2014, just two years ago, has not been mitigated. Clearance is denied. CASE NO: 15-02896.h1


Financial

06/07/2016

Applicant incurred delinquent debts, including a repossession and tax debt. He resolved the tax debt through an installment payment plan, but has not shown evidence of resolution of the remaining debts. Additionally, Applicant provided evidence of a judgment, but did not show it was resolved. The efforts made to date are insufficient to show that the Applicant's financial problems are substantially resolved or that his financial issues are under control. Clearance is denied. CASE NO: 15-01729.h1


Financial

06/07/2016

Applicant accumulated numerous delinquent debts over a number of years. His debts include defaulted student loans, medical, and consumer debts. Despite afforded opportunities to do so, he provided no documented evidence of payment or resolution of most of the listed debts in the SOR. He is credited only with resolving a child support debt and substantiating a listed debt duplication. Financial concerns are not mitigated. Clearance is denied. CASE NO: 15-01365.h1


Financial

06/07/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-02776.h1


Financial

06/07/2016

Applicant has not sufficiently resolved her financial issues. Clearance is denied. CASE NO: 14-01318.h1


Financial

06/07/2016

Applicant lost a home to foreclosure in 2008, and continues to owe more than $34,000 in delinquent debt without any effort to repay it, despite employment in his present position for more than five years. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 12-07405.h1


Drugs

06/06/2016

Applicant has a history of marijuana use. His most recent use occurred while holding a security clearance. Applicant failed to mitigate the security concerns under Guideline H, drug involvement. Clearance is denied. CASE NO: 15-02920.h1


Financial

06/06/2016

Applicant has numerous delinquent debts that are unpaid and unresolved. She did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-02094.h1


Financial

06/06/2016

Applicant has numerous delinquent debts that are unpaid and unresolved. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-00626.h1


Financial; Personal Conduct

06/06/2016

Applicant is a 41-year-old employee of a health-care contractor to the Defense Department. He did not present sufficient evidence to explain and mitigate the concern stemming from his problematic financial history, which is unresolved and ongoing. With that said, he did not deliberately omit relevant information about his financial problems when he completed a 2013 security questionnaire. Eligibility is denied. CASE NO: 15-00260.h1


Financial

06/06/2016

Applicant has numerous delinquent debts that are unpaid and unresolved. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-00056.h1


Criminal Conduct; Personal Conduct

06/06/2016

Applicant's three alcohol-fueled criminal incidents in 2007, 2010, and 2013 involved high-risk, immature, and possibly impulsive behavior that got him into trouble with the police. Aside from his under-age drinking in 2007, Applicant produced a fake ID to a police officer. In 2010, he broke into a house, eventually attacked a policer officer, uttered nasty comments to the police, verbally threatened a police officer, and resisted arrest. In 2013, he was very loud and obnoxious towards other bar patrons, and he uttered a derogatory racial slur at one patron. Applicant was struck in the face by the other patron, and they were ejected from the bar. Applicant disrupted the police investigation. In April 2014, when he completed his 2nd application for a security clearance, he attempted to minimize or conceal the actual facts by acknowledging the 2013 disorderly conduct, but omitting the 2007 and 2010 incidents in their entirety, as well as two other 2013 charges. Applicant denied intending to falsify the responses to the questions and claimed he had simply misunderstood the questions. Considering Applicant's history of minimizing and concealing the true facts pertaining to his criminal conduct and personal conduct, his explanation is rejected. Applicant's actions, under the circumstances confronting him, cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 14-06160.h1


Drugs

06/06/2016

Applicant is 53 years old. She has a long history of illegal drug abuse, including use after applying for a trustworthiness determination. Applicant failed to mitigate the trustworthiness concerns under Guideline H, drug involvement. Eligibility for access to sensitive information is denied. CASE NO: 14-05080.h1


Financial, Personal Conduct

06/06/2016

Applicant has numerous delinquent debts that are unpaid and unresolved. He deliberately failed to disclose on his security clearance application that some of his debts were turned over to a collection agency. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations, and Guideline E, personal conduct. Clearance is denied. CASE NO: 12-08132.h1


Alcohol; Drugs; Psychological Conditions

06/03/2016

Applicant's current period of sobriety and psychiatric stability are not sufficient to overcome the security concerns raised by her long-term abuse of alcohol and prescription medications, and by her long history of co-occurring psychiatric problems that have been prolonged by repeated noncompliance with treatment and abuse of prescribed medications. Her request for access to classified information is denied. CASE NO: 14-02843.h1


Financial; Personal Conduct

06/02/2016

Applicant was titled for certain actions and subject to an investigation while serving in the United States military over a decade ago, but those incidents say little of the Applicant today. He has satisfied an adverse judgment secured by a homeowners association that was created largely through miscommunication and mistake, and he endeavored to make payments on a past-due mortgage that were returned. Today, he is continuing to work with his lender to resolve the matter and repair any damage to his credit. Personal conduct and financial considerations security concerns are mitigated, Clearance is granted. CASE NO: 14-07023.h1


Financial

06/02/2016

Applicant is 39 years old and employed as a EHS Representative II by a defense contractor. Applicant's history of excessive indebtedness has for the most part been resolved. Clearance is granted. CASE NO: 15-03703.h1


Financial; Personal Conduct

06/02/2016

Applicant is a 55 years old and employed as a Shipping Clerk by a defense contractor. Applicant's history of excessive indebtedness; and her deliberate attempt to conceal her Federal tax lien and her two Bankruptcies that she filed in 2008 from the Government on her security clearance application of 2012, has not been mitigated by sufficient evidence of reform. Clearance is denied. CASE NO: 15-01258.h1


Drugs, Personal Conduct; Criminal Conduct

06/02/2016

Applicant is 60 years old and employed as a Maintenance Technician by a defense contractor. Applicant's 34 years history of working in the defense industry, while using illegal drugs for 30 years, which include marijuana and crack cocaine while possessing a security clearance; and his failure to disclose his illegal drug use on his 2013 security clearance application, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 14-06598.h1


Financial

06/02/2016

Applicant is 58 years old and employed as a Calibration Technician by a defense contractor. Applicant's history of repeated bankruptcy filings, in 1998; 2007; and 2012, has not been mitigated. Furthermore, two delinquent debts incurred after the most recent filing in 2012 remain owing. Clearance is denied. CASE NO: 12-06550.h1


Financial

06/01/2016

Applicant has not paid or otherwise addressed any of her delinquent debts. Clearance is denied. CASE NO: 15-01129.h1


Financial

06/01/2016

Applicant's financial problems were caused by persistent unemployment and her husband's medical problems that led to his dramatically reduced employment. However, she presented no evidence of her current financial situation. She has not established a workable plan to resolve three listed debts. Her evidence does not mitigate the financial considerations concerns. Eligibility for access to classified information is denied. CASE NO: 15-00889.h1


Financial

06/01/2016

Applicant mitigated security concerns related to her finances. Clearance is granted. CASE NO: 15-00369.h1


Drugs; Personal Conduct

6/01/2016

Applicant used and purchased marijuana, Psilocybin mushrooms and LSD, while in college and before applying for a security clearance. He made the Government aware of his previous drug usage and purchase on his Security Clearance Application. His drug usage and purchase exhibited questionable judgment. However, he credibly averred that he does not intend to use any illegal substance in the future. Mitigation has been shown. Clearance is granted. CASE NO: 14-06955.h1


Drug Involvement

06/01/2016

Applicant illegally used and purchased marijuana from approximately 2000 to at least 2012, including after he possessed a security clearance in 2011. No evidence was introduced as to Applicant's character, or his current or past employment records; nor was there any evidence in the record that would give insight as to Applicant's current reliability, trustworthiness or good judgment to conclude that he would not use illegal drugs in the future. Mitigation has not been shown for his drug involvement. Clearance is denied. CASE NO: 14-06498.h1


Financial

06/01/2016

Applicant provided insufficient documentary evidence to show that she has addressed or made any progress on her delinquent debts, including overdue tax liabilities. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 14-05828.h1


Foreign Influence

06/01/2016

74 year old Applicant is a United States born citizen, and his wife, son and sister are also United States citizens. Applicant received all of his education, including a doctorate, in the United States. He was employed as a professor at a United States university from 1979, where he had a long and distinguished career, until he retired in 2014, when he was selected as professor emeritus of the university. The associate of Applicant, who resides in and is a citizen of Taiwan, lived and worked as a professor for 18 years at a United States university, and has two daughters, who are United States citizens and residents. The associate is a respected scientist, who has worked with many other American scientists for much of his career. Finally, Applicant clearly asserted that during his entire history with this associate and during his brief trip to Taiwan, no discussion of his research for Government or industry was ever held. Mitigation has been shown. Clearance is granted. CASE NO: 14-05013.h1


Finances

06/01/2016

Applicant failed to provide documentary evidence reflecting that he has made any progress on addressing over $50,000 in delinquent debt. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 14-04878.h1


Financial, Foreign Influence

06/01/2016

Applicant failed to rebut or mitigate the trustworthiness concerns raised under Guideline F, Financial Considerations, and Guideline B, Foreign Influence. His eligibility for a public trust position is denied. CASE NO: 14-03907.h1


Financial

06/01/2016

Applicant failed to mitigate the trustworthiness concerns about her financial problems. Her request for eligibility to occupy a public trust position is denied. CASE NO: 14-02667.h1


Drugs

05/31/2016

Applicant is 26 years old and employed as a Engineering Technician by a defense contractor. His history of illegal drug use involving a variety of illegal drugs including marijuana, cocaine, LSD, mushrooms, and ecstacy, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 15-04456.h1


Financial, Personal Conduct

05/31/2016

Applicant deliberately failed to pay payroll taxes for a company he owned. A federal tax lien was entered against him. He deliberately failed to disclose the delinquent tax lien 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: 15-04145.h1


Financial; Personal Conduct

05/31/2016

Applicant has had a long-standing problem with his finances which started when he failed to timely file his federal income tax returns over a multiple-year period (2009, 2010, 2011, and 2012). He attributed his procrastination, laziness, forgetfulness, and a difficulty in maintaining a budget to the late income tax return filings and his failure to timely pay two bills that became delinquent. Applicant finally severed his psychological restraints and addressed one of his delinquent debts in 2013, and his tax issues in 2014, both well before the SOR was issued. Applicant's most recent credit report reveals no other delinquent debts, and his financial problems appear to be under control. Applicant's actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility is granted. CASE NO: 15-03481.h1


Financial

05/31/2016

Despite several events and circumstances largely beyond Applicant's control that contributed to her financial issues, she failed to mitigate the concerns security concerns raised under Guideline F (Financial Considerations). Eligibility for access to classified information is denied. CASE NO: 15-02658.h1


Financial; Personal Conduct

05/31/2016

Applicant has refuted the allegation that he falsified his security clearance application, but he has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-02538.h1


Financial

05/31/2016

Applicant incurred debt as a result of her husband's extensive period of unemployment. She has taken steps to reduce her expenses and manage her finances, and has otherwise acted responsibly under the circumstances. Eligibility for access to classified information is granted. CASE NO: 15-02270.h1


Financial

05/31/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-02205.h1


Financial

05/31/2016

Applicant is 29 years old and employed as a Compensation Systems Analyst by a defense contractor. Applicant's history of recent financial indebtedness in 2013-2014, brought on by an unsuccessful career change, has not been mitigated. Each of the delinquent debts listed in the SOR remain owing. Clearance is denied. CASE NO: 15-02147.h1


Financial

05/31/2016

Applicant accumulated a number of delinquent debts over a ten-year period. Most of the accrued debts covered student loans that were either duplicates or have been since paid in full. Applicant's other two listed debts are comprised of a state tax judgment and a small consumer debt that were successfully disputed by Applicant. Financial concerns are mitigated. Clearance is granted. CASE NO: 15-02013.h1


Criminal Conduct; Personal Conduct

05/31/2016

Applicant has not mitigated the security concerns raised by his felony conviction and falsification of his security clearance application. Clearance is denied. CASE NO: 15-01545.h1


Financial

05/31/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He has not provided any evidence to support resolution or a plan to settle his delinquent debts. Clearance is denied. CASE NO: 15-01208.h1


Financial

05/31/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He has not provided any evidence to support resolution or a plan to settle his delinquent debts. Clearance is denied. CASE NO: 15-01102.h1


Financial, Personal Conduct

05/31/2016

Applicant experienced financial difficulties that have not been resolved. He owes a large federal tax debt and approximately $37,000 of other delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. He refuted security concerns under Guideline E, personal conduct. Clearance is denied. CASE NO: 15-00910.h1


Financial; Personal Conduct

05/31/2016

Applicant is 61 years old and employed as a Coating Fabricator by a defense contractor. Applicant's history excessive indebtedness; and his deliberate attempt to conceal his delinquent financial record from the Government on his security clearance application have not been mitigated by sufficient evidence of reform. Clearance is denied. CASE NO: 15-00561.h1


Financial

05/31/2016

Applicant did not meet her burden of producing information that mitigates the security concerns about her past-due or delinquent debts. Her request for access to classified information is denied. CASE NO: 15-00537.h1


Financial; Personal Conduct

05/31/2016

Applicant has had a long-standing problem with his finances which existed as far back as 2005-2007. Over the years, a variety of accounts became delinquent and were placed for collection or were charged off. A vehicle was repossessed. He purportedly sustained serious injuries from two automobile accidents in 1999 and 2004. Following the 2004 incident he was barely able to make his monthly payments. He was unemployed from August 2011 until July 2012 and struggled financially. The SOR identified 17 delinquent accounts totaling approximately $46,153. Applicant disputed some accounts claiming he was unaware of them, but acknowledged others. In 2012, he promised to contact his creditors and start making payments within the next six months. To date, nearly three years after he obtained his current position, Applicant has failed to submit any documentation that might indicate any efforts by him to contact his creditors, negotiate settlements, enter into repayment plans, or make payments. Instead, he is waiting for his debts to be removed from his credit reports. He denied any financial problems in his application for a position of public trust. It is not known what Applicant's financial resources may be. There is no evidence that Applicant ever received financial counseling. Applicant's actions, under the circumstances confronting him, cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a position of public trust is denied. CASE NO: 15-00527.h1


Financial

05/31/2016

Applicant began accumulating delinquent debts in 2004, as a consequence of marital issues. He has resolved eight of the ten alleged debts and will resolve the remaining two, if found to be his responsibility. He mitigated the financial security concerns. Eligibility for access to classified information is granted. CASE NO: 15-00396.h1


Financial

05/31/2016

Applicant is 40 years old and employed as a Consultant by a defense contractor. Applicant's history of excessive indebtedness has not been mitigated by sufficient documentary evidence. Clearance is denied. CASE NO: 15-00284.h1


Financial

05/31/2016

Applicant incurred delinquent debt after he retired in 2009. Since returning to full-time employment at the end of 2012, Applicant has made a good-faith effort to repay his delinquent accounts, including $22,000 in debts not alleged in the Statement of Reasons. Clearance is granted. CASE NO. 15-00182.h1


Guideline F

05/31/2016

Applicant's brief contains no assertion of error. Adverse decision affirmed. CASE NO: 14-06351.a1


Financial

05/31/2016

Applicant failed to timely file his federal and state income taxes from 2003 to 2009. He is paying a large federal tax lien. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-05744.h1


Drugs

05/31/2016

Applicant uses marijuana for medicinal purposes that was properly prescribed for him in a state where personal use and possession of marijuana is generally legal. He also has used marijuana for recreational purposes where it is legal to do so. Changes in state laws pertaining to marijuana do not alter the existing illegality of marijuana possession under federal law and the general proscription against illegal use of controlled substances by person's holding a security clearance. Most of Applicant's marijuana use has occurred while holding a security clearance. Applicant intends to continue using marijuana. He has not mitigated the security concerns about his drug use. His request for continued eligibility for a security clearance is denied. CASE NO: 14-05263.h1


Financial

05/31/2016

Applicant had delinquent debts. He provided sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 14-04962.h1


Financial

05/31/2016

Applicant did not carry his burden of producing information that mitigates the security concerns about his past-due or delinquent debts. His request for access to classified information is denied. CASE NO: 14-04531.h1


Financial

05/31/2016

While out of work following an injury in February 2011, Applicant became seriously delinquent on some consumer credit accounts, including his home loan. He obtained a modification of his mortgage loan in October 2015 on his third application. Applicant has not addressed approximately $8,127 in delinquent debt balances, including a recent loan default for $2,306, but he is not taking on new debt that could further compromise his finances. Clearance is granted. CASE NO: 14-04320.h1


Financial

05/31/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 14-03994.h1


Financial; Personal Conduct

05/31/2016

Applicant failed to mitigate the security concerns arising from his financial problems and questionable conduct. Eligibility for a security clearance is denied. CASE NO: 14-03753.h1


Guideline F

05/31/2016

Applicant asserts, for the first time on appeal a question of bias growing out of a previous case.. Applicant was concerned about the issue but took no timely action to preserve his rights. Adverse decision affirmed. CASE NO: 14-03569.a1


Personal Conduct, Financial

05/31/2016

Applicant has a long history of financial difficulties that are not resolved. He intentionally failed to disclose his financial delinquencies on a 2009 and a 2012 security clearance application. Applicant failed to mitigate the security concerns under Guideline E, personal conduct, and Guideline F, financial considerations. Clearance is denied. CASE NO: 12-11933.h1


Foreign Preference

05/31/2016

Applicant is not exercising dual citizenship with Canada in order to receive benefits from the Canadian government. He has mitigated the security concerns associated with his Canadian citizenship. His request for access to classified information is granted. CASE NO: 12-11779.h1


Financial

05/27/2016

Applicant was alleged to be indebted to three creditors in the total approximate amount of $14,232. Applicant has fully repaid one debt and is making monthly payments of $50 each on the other two accounts. Resulting security concerns were mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is granted. CASE NO: 15-02847.h1


Alcohol; Criminal Conduct

05/27/2016

Applicant has a history of excessive alcohol consumption and criminal misconduct. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 15-02592.h1


Financial

05/27/2016

Applicant has sufficiently resolved his financial issues. Clearance is granted. CASE NO: 14-06398.h1


Guideline f

05/27/2016

The Board concludes that the Judge's material findings are based on substantial evidence, or constitute reasonable characterizations or inferences that could be drawn from the record. Applicant has not identified any harmful error likely to change the outcome of the case. Considering the record evidence as a whole, the Judge's material findings of security concern are sustainable. Adverse decision affirmed. CASE NO: 14-04174.a1


Guideline F

05/27/2016

The Board does not review a case de novo. The Appeal Board's authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Applicant has not made an allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 14-04174.a1


Guideline C; Guideline B

05/27/2016

Applicant argues that the case should be remanded for the Judge to consider the imminent arrival of his parents in the US. Applicant has asked for a remedy not available to him. The Board is authorized to remand a case to correct identified error. A request to consider new evidence does not constitute the correction of an error. Absent a showing that an applicant was denied a reasonable opportunity to prepare for the hearing or was denied a reasonable opportunity to present evidence on his or her behalf, an applicant is not entitled to receive a new hearing just so the applicant can have another chance to present his or her case. Adverse decision affirmed. CASE NO: 14-03347.a1


Guideline F

05/27/2016

Applicant cites to her efforts at debt repayment. Her argument is not enough to rebut the presumption that the Judge considered all of the evidence in the record, nor is it enough to show that the Judge mis-weighed the evidence. CASE NO: 14-02668.a1


Case Number: 15-03509.h1
Financial

05/25/2016

Applicant has made a good-faith effort to pay his back taxes, and to address all of the alleged past-due debt. Clearance is granted. CASE NO: 15-03509.h1


Financial

05/25/2016

Applicant did not mitigate security concerns raised by his longstanding financial problems. Over the past decade, while employed as a defense contractor, he disregarded his financial obligations, including failing to timely file and pay his federal and state income taxes. His past-due federal tax debt totals approximately $24,000. Notwithstanding the matters beyond Applicant's control that contributed to his financial situation, he failed to provide sufficient information to mitigate security concerns raised by his finances. Clearance is denied. CASE NO: 15-03205.h1


Foreign Influence

05/25/2016

Applicant has six relatives, including his father and his parents-in-law, who are citizens and residents of South Korea. He frequently communicates with his father and to a lesser extent with his other relatives, and his spouse frequently communicates with her parents, who are citizens and residents of South Korea. Foreign influence concerns raised by his and his spouse's relationships with family in South Korea are mitigated by his strong connections to the United States. Access to classified information is granted. CASE NO: 15-03150.h1


Financial

05/25/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01796.h1


Financial

05/25/2016

Applicant mitigated security concerns raised by the accumulation of delinquent debt. He took action to resolve his financial situation by filing for Chapter 13 in 2011. He has been repaying his debts for four years through a confirmed Chapter 13 plan. Clearance is granted. CASE NO: 15-01731.h1


Financial

05/25/2016

Applicant remains indebted to eight creditors in the total approximate amount of $49,309. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 15-00825.h1


Financial

05/25/2016

Applicant has significant past-due debt that she has yet to address. Clearance is denied. CASE NO: 15-00633.h1


Financial

05/25/2016

Applicant is a 57-year-old employee who is seeking to obtain a security clearance. He met his burden to present sufficient evidence to explain and mitigate the concern stemming from his failure to timely file state and federal individual income tax returns. In addition, the evidence shows he has made an overall good-faith effort to repay back taxes. Eligibility is granted. CASE NO: 14-06820.h1


Drugs; Criminal Conduct

05/25/2016

Applicant has a history of drug abuse and criminal conduct going back to the late 1990s. He exhibited some signs of rehabilitation. However, the length and volume of his criminal conduct leave me with doubt as to whether he is ready to be entrusted with access to classified information. Clearance is denied. CASE NO: 14-05240.h1


Financial; Personal Conduct

05/25/2016

Applicant incurred delinquent medical debts, including a judgment and tax lien, and did not report financial issues on his security clearance application (SF 86). The efforts made to date are sufficient to show that his financial problems are substantially resolved and his financial issues are under control, and that his SF 86 omissions were not deliberate. Applicant mitigated the financial and personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 12-09497.h1


Financial

05/25/2016

Applicant remains indebted to 18 creditors in the total approximate amount of $47,041. Those delinquencies were incurred after he discharged additional debt through a Chapter 7 bankruptcy in February 2002. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 12-05626.h1


Foreign Influence

05/24/2016

Applicant has mitigated the security concerns under the above guideline. She is a naturalized U.S. citizen who was born in India. Her U.S. assets are substantial and outweigh any financial interest in India. She is in the process of transferring her financial interests to the United States. Clearance is granted. CASE NO: 15-02890.h1


Alcohol; Personal Conduct

05/24/2016

Applicant's two DUIs occurred more than two years ago, under the most unusual of circumstances. I find such alcohol-related conduct is unlikely to occur in the future. Clearance is granted. CASE NO: 15-01885.h1


Financial

05/24/2016

Applicant failed to timely file and pay his federal and state income taxes for tax years 2005 through 2009. His statement of reasons (SOR) lists 22 delinquent debts totaling $6,897. He paid 11 SOR debts, 1 SOR debt is in a payment plan, 3 SOR debts are disputed, and 7 SOR debts are unresolved. His federal income tax returns are filed, and his federal tax debt has been reduced to about $11,000. However, his history of failing to timely file and pay his federal and state income taxes continues to raise unresolved financial considerations security concerns. Access to classified information is denied. CASE NO: 15-01515.h1


Financial

05/24/2016

Applicant mitigated security concerns related to his finances. Clearance is granted. CASE NO: 15-01354.h1


Financial

05/24/2016

Applicant's statement of reasons (SOR) alleges 11 delinquent debts totaling $133,524. He failed to provide sufficient information about his finances and demonstrate progress resolving his SOR debts. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-01318.h1


Financial

05/24/2016

Applicant did not mitigate security concerns raised by his delinquent debts. He failed to supply any supporting documentation reflecting what steps, if any, he has taken to address his past-due debts and take control of his finances. Clearance is denied. CASE NO: 15-01186.h1


Financial

05/24/2016

Applicant has failed to address his past-due debts, and has failed to file his tax returns. Eligibility for access to sensitive information is denied. CASE NO: 15-00457.h1


Foreign Influence

05/24/2016

Applicant has lived in the United States since 1991, most of his close relatives are Pakistani-Americans residing in the United States, and all of his financial interests are in the United States. Clearance is granted. CASE NO: 14-06547.h1


Foreign Influence; Foreign Preference

05/24/2016

Applicant came to the United States from his native Pakistan in 1995. Foreign influence concerns persist because Applicant and his spouse have close family members who are resident citizens of Pakistan, which has a significant terrorism problem. Foreign preference concerns are not mitigated because Applicant, his spouse, and their children retain dual citizenship with Pakistan to avoid having to obtain visas to travel to Pakistan to see their close family members. Position of trust denied. CASE NO: 14-06434.h1


Alcohol; Personal Conduct

05/24/2016

Applicant underwent inpatient treatment in 2005 for alcohol dependence, resumed drinking in 2008, then completed another course of treatment in 2011. He has been abstinent since then, and did not falsify information about these events during the clearance application process. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 14-05481.h1


Guideline F; Guideline E

05/24/2016

Notwithstanding Applicant's characterization to the contrary, the Board cannot consider Applicant's new evidence on appeal. See Directive ¶ E3.1.29. Adverse decision affirmed. CASE NO: 14-05330.a1


Financial

05/24/2016

Applicant has not sufficiently resolved his financial issues. Clearance is denied. CASE NO: 14-04662.h1


Guideline E, Guideline F

05/24/2016

A Judge can find that an applicant engaged in misconduct despite evidence that charges were dropped or resulted in an acquittal. By the same token, evidence that no charges have been brought at all does not does not compel a Judge to find that an applicant is factually innocent. Adverse decision affirmed. CASE NO: 14-03312.a1


Drugs

05/23/2016

Applicant is a 31-year-old employee who is seeking to obtain a security clearance. He used marijuana for more than a decade until January 2014, which was a few months before he applied for a security clearance. He did not meet his burden of proof to show that he has made a firm commitment to a drug-free lifestyle. Eligibility is denied. CASE NO: 15-03114.h1


Drugs; Personal Conduct

05/23/2016

Applicant's illegal drug use is recent and his stated intention of no future use is insufficient to mitigate the concerns. Clearance is denied. CASE NO: 15-02918.h1


Financial

05/23/2016

Applicant mitigated the security concerns under the financial guideline. He had circumstances beyond his control, and he has acted responsibly. Eligibility for a security clearance is granted. CASE NO: 15-01998.h1


Financial

05/23/2016

Applicant incurred delinquent consumer debts. The efforts made to date are sufficient to show that her financial problems are substantially resolved and her financial issues are under control. Clearance is granted. CASE NO: 15-01851.h1


Financial

05/23/2016

Applicant's financial problems resulted from his wife's unemployment. He acted responsibly and began repaying his debts when his finances stabilized. Clearance is granted. CASE NO: 15-01097.h1


Financial

05/23/2016

Applicant's financial problems were caused by his unemployment, separation, divorce, and being a single parent without the aid of child support. He acted responsibly under the circumstances and resolved his financial problems through a Chapter 7 bankruptcy case. Financial considerations security concerns are mitigated. CASE NO: 15-00987.h1


Financial

05/23/2016

Applicant's long history of multiple bankruptcy petitions precludes a finding that he has resolved his debts. He did not mitigate the security concerns raised by his financial problems. His request for a security clearance is denied. CASE NO: 15-00682.h1


Financial; Personal Conduct

05/23/2016

Applicant has 16 long-standing debts totaling $38,661. Additionally, Applicant has five previous criminal charges spanning a 12-year period plus three separate falsifications of his most recent security clearance application. He did not submit any mitigating evidence during his hearing or post-hearing for either security concern apart from uncorroborated testimony. Clearance is denied. CASE NO: 15-00006.h1


Financial

05/23/2016

Applicant's delinquent debts were caused by events beyond his control and he acted responsibly to resolve them. He has also demonstrated a good-faith effort to resolve his delinquent accounts. Clearance is granted. CASE NO. 14-06963.h1


Financial

05/23/2016

Although Applicant's financial problems were significantly caused by circumstances beyond his control, he failed to provide evidence documenting what progress, if any, he has made in addressing them. Moreover, he provided no explanation for failing to disclose relevant financial information, as required, on his clearance application. Clearance is denied. CASE NO: 14-06711.h1


Financial

05/23/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-05805.h1


Financial; Personal Conduct

05/23/2016

Although Applicant's financial problems were significantly caused by circumstances beyond his control, he failed to provide evidence documenting what progress, if any, that he has made in addressing them. Moreover, he provided no explanation for failing to disclose relevant financial information, as required, on his clearance application. Clearance is denied. CASE NO: 14-05519.h1


Foreign Influence

05/23/2016

Applicant mitigated the foreign influence security concern posed by his mother, a citizen and resident of Nigeria. Clearance is granted. CASE NO: 14-04782.h1


Finances

05/23/2016

Applicant failed to timely file final Federal and state income tax returns for over a decade. Instead, he only submitted estimated tax payments. Eventually, tax liens were imposed. To date, Applicant has made some efforts to address his situation, but the documentary evidence provided shows an incomplete and haphazard attempt to fix a problem after many years of near-neglect. Financial considerations security concerns are not mitigated. Clearance is denied. CASE No.: 14-04159.h1


Criminal Conduct; Sexual Behavior; Personal Conduct

05/23/2016

Applicant mitigated the criminal conduct and personal conduct security concerns. Sexual behavior security concerns were not established. Eligibility for access to classified information is granted. CASE NO: 14-02462.h1


Financial

05/23/2016

Applicant has a history of financial problems dating back to early adulthood. However, he has made reasonable efforts to resolve his delinquent debts given his circumstances. Clearance is granted. CASE NO. 12-10537.h1


Drugs; Personal Conduct

05/23/2016

Applicant's account of his marijuana use in his May 2012 security clearance application, and confirmed by his subsequent government interview in the same month, indicates that he was less than candid in his description of his marijuana use in his 2008 application. Applicant has provided insufficient evidence to establish that his use ended before June 2011. His praiseworthy character evidence fails to meet his ultimate burden of persuasion under the guidelines for drug involvement and personal conduct. Eligibility for access to classified information is denied. CASE NO: 12-09774.h1


Financial

05/23/2016

Applicant mitigated security concerns raised by his past financial trouble. He addressed his financial situation by receiving financial counseling, reaching out to his creditors, and has either paid or is paying his debts. He also successfully disputed incorrect information appearing on his credit reports. He currently manages his finances in a responsible manner. Clearance is granted. CASE NO: 12-09565.h1


Drug Involvement; Personal Conduct

05/21/2016

Applicant used marijuana and other illegal drugs a few times while a teenager in 2009 and 2010. He used marijuana one time while working in Afghanistan for a defense contractor as a civilian on a forward operating base in a combat heavy environment. He was provided Ambien by medical personnel as a sleep aid. Applicant mitigated security concern for drug involvement and personal conduct. Eligibility for access to classified information is granted. CASE NO: 12-07611.h1


Financial

05/18/2016

Applicant mitigated security concerns related to his finances. Clearance is granted. CASE NO: 15-00639.h1


Financial

05/18/2016

Applicant began accumulating delinquent debts in 2009. She has resolved some of the debts and has a plan to resolve other debts. She mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-00492.h1


Foreign Influence

05/18/2016

Applicant is a senior principal for a defense contractor who was born and raised in India before immigrating to the United states. Both Applicant and his wife (also of Indian descent) have family members who are citizens and residents of India. Foreign influence concerns are raised over Applicant's father and sister and his wife's parents with Indian citizenship and residence status in a country with reported foreign collection practices and problems with terrorist networks operating within its borders. Added security concerns pertain to Applicant's having reported assets in India. Applicant mitigated foreign influence concerns by demonstrating (a) the absence of any heightened risks associated with his having foreign assets and immediate family members and in-laws in India and (b) a proven dedication to U.S. values and commitment to protecting U.S. interests and institutions. Clearance is granted. CASE NO: 15-00053.h1


Drug Involvement

05/18/2016

Applicant used and sometimes purchased, sold, or shared marijuana in high school and college. In addition, he bought and used cocaine in the summer of 2009. Since completing his collegiate program, he has groomed himself for a professional future and now eschews both illegal drugs and those who use them. He has not used drugs in nearly three years and is intent on remaining drug-free. Drug involvement security concerns are mitigated. Clearance is granted. CASE No.: 14-06967.h1


Foreign Influence; Personal Conduct

05/18/2016

Applicant mitigated the security concerns under the above guidelines. He is a naturalized U.S. citizen from Taiwan. He did not falsify his security clearance application. Clearance is granted. CASE NO: 14-06809.h1


Foreign Preference, Foreign Influence

05/18/2016

Applicant is a naturalized U.S. citizen from the United Kingdom. He has not engaged in any actions or made any statements to indicate a preference for the United Kingdom. Furthermore, Applicant's few friendships with individuals who are citizens and residents of that country are too causal and infrequent to serve as source of vulnerability for him. Clearance is granted. CASE NO: 14-06620.h1


Finances, Personal Conduct

05/18/2016

Applicant acquired delinquent debt after two periods of unemployment and when a buyer breached a contract to buy her home. She has satisfied her mortgage issues, settled her largest debt, and had the remaining debts at issue, amounting to under $10,000, discharged through Chapter 13 bankruptcy. There is no evidence indicating she intentionally falsified her security clearance application when she denied having debts delinquent for over 120 days. Financial considerations and personal conduct security concerns are mitigated. Clearance is granted. CASE No.: 14-04283.h1


Financial

05/18/2016

Events beyond Applicant's control led to delinquent student loans and medical debts. She is now back on track toward resolving those matters. Financial considerations security concerns are mitigated. CASE NO: 14-04084.h1


Foreign Influence

05/18/2016

Applicant is a 61-year-old employee who is seeking to retain a security clearance. He met his burden to present sufficient evidence to explain and mitigate the foreign influence security concern stemming from his family ties to India. Eligibility is granted. CASE NO: 14-03809.h1


Financial

05/17/2016

Applicant's statement of reasons (SOR) alleges 22 delinquent debts totaling $20,473 and discharge of his debts under Chapter 7 of the Bankruptcy Code in May 2005. He failed to provide sufficient information about his finances and demonstrate progress resolving his SOR debts. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-03460.h1


Financial

05/17/2016

Applicant mitigated the security concerns raised by his financial problems. His request for a security clearance is granted. CASE NO: 15-01763.h1


Financial

05/17/2016

Applicant's statement of reasons (SOR) alleges eight delinquent debts totaling $22,228. He failed to provide sufficient information about his finances and demonstrate progress resolving his SOR debts. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-01514.h1


Financial

05/17/2016

Applicant's financial problems arose over a multi-year period, perhaps as early as 1994 or 1995. Student loans went into a default status and medical bills and various other accounts, including child support, became delinquent. Accounts were placed for collection, charged off, or went to judgment. A tax lien was filed. A vehicle was repossessed. Applicant's financial problems were largely beyond her control. She assisted her mother in caring for her dying father; she was divorced in 1995; her ex-husband's actions and activities with respect to the custody of their son were costly; she was unemployed for three months in 2008 and again in 2012; she spent approximately $250,000 to pay for nursing home and assisted living care for her mother; and she paid for her mother's funeral expenses. Applicant prioritized her assets and financial responsibilities, focusing primarily on the welfare of her mother and her son. With limited assets remaining after her first two priorities, she attempted to address, first the student loans, and then the remaining accounts. The student loans were consolidated. Some creditors were unwilling to wait their turn, and they resorted to judgments and garnishments. Others worked with Applicant. Various accounts were paid off or otherwise resolved. Applicant filed disputes pertaining to some accounts, and, for the most part, the disputes were successful. A few accounts remain unresolved, but Applicant has indicated an intention to eventually resolve them. Applicant's actions, under the circumstances confronting her, no longer cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 15-01326.h1


Guideline H

05/17/2016

Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed. CASE NO: 15-00802.a1


Financial

05/17/2016

Applicant mitigated security concerns related to his finances. Clearance is granted. CASE NO: 15-00067.h1


Criminal Conduct; Personal Conduct

05/17/2016

Applicant has a long and recent history of criminal conduct and other adverse behavior. He did not mitigate the resulting security concerns about criminal and personal conduct. His request for a security clearance is denied. CASE NO: 14-05187.h1


Guideline F

05/17/2016

Failure to comply with Federal and/or state tax laws suggests that an applicant has a problem with abiding by well-established Government rules and regulations. Voluntary compliance with rules and regulations is essential for protecting classified information. Adverse decision affirmed. CASE NO: 14-04752.a1


Guideline F

05/17/2016

Applicant has made a prima facie case that he offered evidence which was not incorporated into the record. Adverse decision remanded. CASE NO: 14-04653.a1


Financial

05/17/2016

Applicant has unresolved delinquent debts. Applicant has made efforts to modify her home loan mortgage but she has not been accepted into a program and she has not made payments in several years. She intends to pay her creditors, but she does not have the funds nor a plan in place. She has had financial difficulties due to unemployment and underemployment. Eligibility for a security clearance is denied. CASE NO: 12-08577.h1


Guideline F

05/16/2016

A disagreement with the Judge's weighing of the evidence is not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. The Judge's conclusion that Applicant had not demonstrated a track record of debt resolution sufficient to mitigate the concerns arising from his financial problems is sustainable. Adverse decision affirmed. CASE NO: 12-07001.a1


Personal Conduct, Drug Involvement; Criminal Conduct

05/12/2016

Applicant used drugs and was charged with multiple felonies and misdemeanors for possession and possession with intent to distribute. He successfully participated in a pretrial diversion program. When he was 18 years old he completed a security clearance application and failed to disclose his drug use. Applicant mitigated the security concerns under Guideline E, personal conduct, Guideline H, drug involvement, and Guideline J, criminal conduct. Clearance is granted. CASE NO: 15-03347.h1


Financial

05/12/2016

Applicant's financial problems began in 2011 and continue to the present. He failed to present sufficient evidence to mitigate the financial trustworthiness concerns. Based upon a thorough review of the pleadings, exhibits, and testimony, eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 15-01657.h1


Financial

05/12/2016

Applicant has mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 15-00841.h1


Financial

05/12/2016

Applicant's financial problems were caused by a series of events beyond his control, the most significant being the decline in the housing market and credit crisis of the late 2000s. Applicant sought professional help to resolve his financial problems, which now appear to be under control. He also demonstrated a good-faith effort to resolve his delinquent accounts. Clearance is granted. CASE NO. 15-00480.h1


Financial

05/12/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00450.h1


Financial

05/12/2016

Applicant incurred 11 debts totaling $19,717. He provided no explanation of any event or events that may have caused his financial difficulties. Nor did he provide any evidence that he paid or otherwise resolved any of these debts. Clearance is denied. CASE NO: 15-00356.h1


Financial

05/12/2016

Applicant failed to file a federal income tax return and failed to pay a tax obligation. Additionally, she incurred delinquent consumer debts. The efforts made to date are sufficient to show that her financial problems are substantially resolved and her financial issues are under control. Clearance is granted. CASE NO: 15-00255.h1


Foreign Preference; Foreign Influence

05/12/2016

Applicant mitigated the foreign preference and foreign influence security concerns. Clearance is granted. CASE NO: 14-06990.h1


Foreign Preference; Foreign Influence

05/12/2016

Applicant's foreign family contacts create a heightened risk of foreign exploitation, inducement, manipulation, pressure, coercion, and an unacceptable security risk. Applicant's mitigating information is insufficient to fully overcome the foreign influence security concerns. She surrendered her Ukrainian passport and mitigated the foreign preference concerns. Eligibility for access to classified information is denied. CASE NO: 14-06788.h1


Financial

05/12/2016

Applicant works for a defense contractor. He resolved all of the six delinquent debts in the SOR. Eligibility for a clearance is granted. Decision on remand. CASE NO: 14-06592.h2


Financial

05/12/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-06431.h1


Information Technology; Personal Conduct

05/12/2016

Applicant had appropriate authorization for his conduct concerning introduction of a device to a computer system, and his investigation of a computer security incident. Clearance is granted. CASE NO: 14-04650.h1


Criminal Conduct; Personal Conduct

05/12/2016

In 2005 Applicant was terminated by her employer for embezzling $280. She subsequently failed to disclose that information in 2009 and 2013 security clearance applications. She disclosed it during an investigative interview upon being confronted about it. She mitigated the criminal conduct security concerns, but not the personal conduct security concerns. Based upon a review of the record evidence as a whole, eligibility for access to classified information is denied. CASE NO: 14-03792.h1


Foreign Influence; Financial

05/12/2016

Applicant is a 67-year-old employee who is seeking to retain a security clearance. He presented sufficient evidence to explain the foreign influence concern stemming from his family ties through marriage to China. But he has financial problems that are largely unresolved and ongoing. Eligibility is denied. CASE NO: 14-02548.h1


Financial

05/12/2016

Applicant incurred delinquent debt over a period of years. He had two charged off accounts that he received 1099-Cs for, but made no attempt to pay the accounts when they became delinquent. He has not mitigated the security concerns under the above guideline. Eligibility for a security clearance is denied. CASE NO: 12-10894.h1


Financial

05/12/2016

Applicant mitigated security concerns raised by past-due debts that were a result of several issues beyond her control, namely, her own persistent medical issues, her husband's disability, and providing for the care of close family members. She took action to resolve her financial situation and provided documentation that she is repaying her debts through a confirmed Chapter 13 plan. Clearance is granted. CASE NO: 12-10798.h1


Financial

05/11/2016

Applicant's spouse mismanaged their credit card accounts. Approximately $42,647 in his delinquent credit debt has been paid in full or settled, largely with 401(k) funds. He believes he settled another $21,653 charged-off credit card debt for $7,961in 2012, but the evidence suggests that he still owes $18,653 on the account. Applicant and his spouse have taken positive steps to reduce their debt burden and are not continuing to incur any new delinquencies. Clearance is granted. CASE NO: 12-09813.h1


Financial; Personal Conduct

05/10/2016

Applicant failed to mitigate the security concerns arising from his financial problems and false statements. Eligibility for a security clearance is denied. CASE NO: 15-05315.h1


Alcohol, Criminal Conduct

05/10/2016

Applicant has a history of alcohol-related criminal conduct. He did not mitigate the alcohol consumption and criminal conduct security concerns. Based upon a review of the record evidence as a whole, eligibility for access to classified information is denied. CASE NO: 15-02479.h1


Financial

05/10/2016

Applicant became seriously delinquent on his child support and some consumer credit obligations because of unemployment or low income. He incurred non-covered medical debt in 2014 when he was on workers' compensation for a work-related injury and following a job layoff in August 2014. He has made monthly payments since mid-2015 of $100 toward his $37,290 in child support debt and of $25 toward his medical collection debt. He is likely to continue those payments. Clearance is granted. CASE NO: 15-01963.h1


Financial

05/10/2016

Applicant is a 41-year-old employee of a health-care contractor to the Defense Department. He experienced some financial problems due to a divorce in 2007. He presented sufficient evidence to explain and mitigate the concern stemming from his financial difficulties. Eligibility is granted. CASE NO: 15-01951.h1


Financial

05/10/2016

Since 2004 Applicant has accumulated delinquent debts, including unpaid Federal income taxes. He failed to timely file his 2011 Federal income tax return. He did not provide sufficient evidence to mitigate the allegations raised by the Government. Financial security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-01930.h1


Financial

05/10/2016

Applicant attempted to resolve his financial problems through bankruptcy, but the bankruptcy court dismissed the case because of abuse. He has done little to address his delinquent debts despite the means to do so. Clearance is denied. CASE NO: 15-01353.h1


Guideline F

05/10/2016

Applicant is serving overseas and states that he submitted documents which were not received at DOHA. Adverse decision remanded. CASE NO: 14-06095.a1


Financial; Personal Conduct

05/10/2016

Applicant's failure to file his income tax returns from tax year 2000 to at least 2013, demonstrates a lack of judgment and an unwillingness to abide by the law, rules, and regulations. He failed to mitigate the Guidelines F and E security concerns. Clearance is denied. CASE NO: 14-05870.h1


Foreign Influence; Foreign Preference

05/09/2016

Applicant's close family ties and financial interests in Israel, and his possession of a valid Israeli passport preclude eligibility for access to classified information. Clearance is denied. CASE NO: 15-02404.h1


Financial

05/09/2016

Applicant has had a long-standing problem with her finances which existed as far back as 2004, when she failed to timely file the first of many years of federal income tax returns. A number of accounts subsequently became delinquent and were placed for collection or charged off and income taxes remained unpaid. In November 2012, Applicant embarked on a three-day cruise to the Bahamas. Although Applicant did not attribute any one particular cause to her financial problems, she did mention: poor self-control; helping family members who were sick and without health insurance; deaths in the family; and too many unspecified problems at the time. Other than claiming that she had intentions to resolve the delinquent accounts and pay her taxes, or that she would start paying some creditors, three and one-half years after being interviewed by an investigator from the U.S. Office of Personnel Management (OPM), Applicant failed to demonstrate what actions she has taken to address her delinquent debts, and she has offered no documentary evidence of a good-faith effort to resolve any of them. She essentially continues to ignore her creditors. She has never sought financial counseling. Applicant's actions, under the circumstances confronting her, cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 15-01498.h1


Financial

05/09/2016

Applicant incurred ten debts totaling $56,307. He mitigated four of the ten debts. He claimed to be in the process of mitigating the remaining six debts; however, he failed to provide documentation of same despite having been given the opportunity to do so. Clearance is denied. CASE NO: 15-00186.h1


Financial

05/09/2016

Applicant's statement of reasons (SOR) includes allegations of nine delinquent debts totaling $15,983. He failed to make sufficient progress resolving his SOR debts. Applicant intentionally failed to disclose a judgment entered against him on his June 18, 2014 Questionnaire for National Security Positions. Financial considerations and personal conduct security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-00040.h1


Alcohol; Personal Conduct; Financial

05/09/2016

Applicant has unresolved financial problems and three alcohol-related incidents, and he intentionally provided false information on a Questionnaire for National Security Positions. Clearance is denied. CASE NO: 14-05619.h1


Financial

05/09/2016

Applicant has not sufficiently resolved his financial issues. Clearance is denied. CASE NO: 14-05333.h1


Financial

05/09/2016

Applicant provided sufficient documentation to mitigate the financial security concerns. Eligibility for a security clearance is granted. CASE NO: 14-04778.h1


Foreign Influence

05/09/2016

Applicant has family members who are citizens and residents of India. He has financial interests in India. However, his ties and contacts in the United States are stronger than those in India and his Indian financial interests are less than 14% of his U.S. financial interests. Considering the evidence as a whole, Applicant has mitigated the security concerns raised by the guideline for foreign influence. Eligibility for access to classified information is granted. CASE NO: 14-04006.h1


Financial

05/09/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 14-02318.h1


Security Violations; Personal Conduct

05/07/2016

Applicant failed to mitigate the security concerns arising from his security violations and questionable conduct. Eligibility for a security clearance is denied. CASE NO: 11-14135.h1


Guideline F

05/06/2016

The Appeal Board can not consider new evidence on appeal. Adverse decision affirmed. CASE NO: 15-00318.a1


Foreign Influence; Foreign Preference

05/06/2016

Under the guidelines for Foreign Preference, it was alleged that Applicant was a dual citizen of Colombia and that United States. He possessed, renewed, and used a Colombian passport to enter and exit Colombia after becoming a U. S. citizen. However, he destroyed his Colombian passport in the presence of his facility security officer (FSO) in July 2012. He also formally renounced his Colombian citizenship with the Colombian embassy. Security concerns were also raised under the guideline for Foreign Influence because he has a mother, stepfather, mother-in-law, cousin, and other extended family members in Colombia. Security concerns raised under Foreign Preference and Foreign Influence are mitigated. Eligibility for access to classified information is granted. CASE NO: 15-00196.h1


Guideline J; Guideline E; Guideline D

05/06/2016

We give deference to a Judge's credibility determinations. Our deference has limits, as in cases in which the record contains evidence that contradicts the Judge's credibility determination. In this case, we find nothing in the record that would contradict the Judge's assessment of Applicant's demeanor. Some of his testimony might have sounded evasive, suggesting that he did not view his circumstances with the appropriate seriousness. We find no reason to disturb the Judge's credibility determination. Moreover, we conclude that Applicant has not rebutted the presumption that the Judge was impartial. Adverse decision affirmed. CASE NO: 14-03838.a1


Guideline B

05/06/2016

The Judge based his decision, for the most part, on evidence of Applicant's cooperation with the U.S and the considerable hardship and danger he faced as a result of that cooperation. It was appropriate for the Judge to consider this, in light of applicant's assumption of "a high level of risk on behalf of the U.S." We find no error in the manner in which the Judge balanced the conflicting considerations, including Applicant's service in a foreign military organization. The record in this case provides a reasonable basis for the Judge's conclusion that C 8(b) applied with sufficient force to overcome the Government's security concerns under Guideline B. Favorable decision affirmed. CASE NO: 12-08823.a1


Financial

05/05/2016

Applicant was alleged to be delinquent on two debts in the total amount of $32,371. He has fully resolved one delinquency, and has documented he is making payments under a written agreement on the other delinquency. Eligibility for access to classified information is granted. CASE NO: 15-02318.h1


Financial

05/05/2016

Applicant has made a good-faith effort to address all of the alleged past-due debt. Clearance is granted. CASE NO: 15-00652.h1


Financial

05/04/2016

Applicant has had a long-standing problem with his finances which started as early as 2007, when he lost a residence through foreclosure, and continued over the ensuing years. A variety of utility accounts, credit card accounts, charge accounts, child support, multiple cellular telephone accounts, and satellite television accounts became delinquent. Accounts were placed for collection, and in some instances were charged off. And there was the foreclosure. Applicant did not attribute any one particular cause for his financial problems, but he did mention a divorce, years of child custody battles, his disability, and a period of unemployment, as possible factors. Applicant's divorce occurred in 2011, well after the financial problems arose. Other than claiming that he had resolved, or is in the process of resolving, certain delinquent accounts, Applicant failed to demonstrate what actions he has taken to address his delinquent debts, and he has offered no documentary evidence of a good-faith effort to resolve any of them. He has never sought financial counseling. Applicant's actions, under the circumstances confronting him, cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 15-03346.h1


Financial

05/04/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-02953.h1


Financial

05/04/2016

Applicant made sufficient progress resolving the delinquent debts listed on his statement of reasons (SOR). On March 24, 2014, the Internal Revenue Service indicated his federal income taxes were current, well before the SOR was issued on September 15, 2015. Several non-SOR debts are paid or are in current payment plans. He is communicating with his creditors, and has assured he intends to pay his debts. While additional sustained financial effort is necessary, he has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-00675.h1


Financial

05/04/2016

Applicant submitted sufficient evidence in mitigation showing that he has successfully resolved all of his delinquent debts. Clearance is granted. CASE NO: 14-05988.h1


Guideline F

05/04/2016

The concern under Guideline F is not simply that an applicant might be tempted to compromise classified information in order to pay his debts. A Judge should also consider the extent to which an applicant's circumstances cast doubt upon his judgment, self-control, and other characteristics essential to protecting national security information. Adverse decision affirmed. CASE NO: 14-05359.a1


Drug Involvement

05/04/2016

Applicant failed to mitigate the drug involvement security concerns related to his lengthy history of marijuana use. Clearance is denied. CASE NO: 14-03195.h1


Financial

05/04/2016

Applicant mitigated the financial considerations security concern. She had circumstances beyond her control which caused delinquent debts. She has resolved or addressed all the debts. She is in the process of a home mortgage loan modification. She has presented sufficient documentation to mitigate the financial considerations concern. Eligibility for a security clearance is granted. CASE NO: 14-01533.h1


Financial

05/04/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 12-12192.h1


Guideline K; Guideline M; Guideline E

05/04/2016

We conclude that the Judge would have denied Applicant a clearance even if he had not made the factual error, thus the error is harmless. Adverse decision affirmed. CASE NO: 12-03402.a1


Guideline F

05/03/2016

The Appeal Board cannot consider new evidence on appeal. An ability to argue for an alternative interpretation of the evidence is not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-06206.a1


Guideline F; Guideline E

05/03/2016

Applicant did not raise an issue on harmful error. The Appeal Board's jurisdiction is limited to cases in which the appealing party asserts harmful error. We cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 14-05141.a1


Foreign Preference; Financial

05/02/2016

Applicant has surrendered his Canadian passport. He is also current with his income tax filings and his finances. Clearance is granted. CASE NO: 15-00038.h1


Financial

05/02/2016

Applicant has yet to realistically address a tax lien, substantial back child support, and significant past-due debts. Clearance is denied. CASE NO: 14-07035.h1


Case Number: 14-03536.h1
Financial

04/29/2016

Applicant has not sufficiently resolved his financial issues. Clearance is denied. CASE NO: 14-03536.h1


Financial

04/29/2016

Applicant failed to present sufficient evidence to mitigate the security concerns arising from his financial problems. Eligibility for a security clearance is denied. CASE NO: 15-03897.h1


Financial

04/29/2016

Applicant failed to timely file his federal income tax returns for four years. He subsequently filed the return prior to the Statement of Reason. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-01925.h1


Financial, Personal Conduct

04/29/2016

Subsequent to having discharged debts through a Chapter 7 bankruptcy in 2008, Applicant accumulated additional delinquent debts. She resolved half of the alleged debts and is resolving the other half through a payment plan. She failed to disclose the Chapter 7 bankruptcy or any delinquent debts in her security clearance application. She mitigated the financial and personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 15-01908.h1


Financial

04/29/2016

Applicant did not mitigate security concerns related to her finances. Clearance is denied. CASE NO: 15-01768.h1


Financial

04/29/2016

Applicant has delinquent debts that are not paid. He failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-01722.h1


Financial

04/29/2016

Applicant failed to file federal and state income taxes from 2011 to 2013, and had delinquent debts and a Chapter 13 bankruptcy. The efforts made to date are sufficient to show that the problems are substantially resolved and his financial issues are under control. Clearance is granted. CASE NO: 15-01712.h1


Financial

04/29/2016

Applicant has three unresolved collection accounts and two charged-off accounts, which total more than $10,000. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-01564


Drugs

04/29/2016

Applicant is a 24-year-old employee of a defense contractor. He has not used any illegal drugs since October 2013. He mitigated the drug involvement security concerns. Clearance is granted. CASE NO: 15-01148.h1


Financial

04/29/2016

Applicant mitigated the security concerns raised by her financial delinquencies. Applicant incurred debt when she was unemployed. She is resolving her delinquent debts through Chapter 13 bankruptcy. Clearance is granted. CASE NO: 15-00746.h1


Foreign Influence

04/29/2016

Foreign influence concerns were raised as a result of Applicant having a mother, daughter, son-in-law, and grandson living in Cuba as well as having a brother living in the United States who is a Cuban citizen. Applicant's mother has since passed away and his daughter and family have recently immigrated to the United States. Applicant has no relationship with his brother living in the United States. Applicant demonstrated that his family ties in the United States are far more significant than those in Cuba. Additionally, all of his assets are in the United States versus having no assets in Cuba. Clearance is granted. CASE NO: 14-06834.h1


Financial

04/29/2016

Applicant accumulated over $31,000 in delinquent debts that she incurred between 2010 and 2014. She provided evidence that she resolved or is resolving about $10,000 of that amount. She did not demonstrate that she has a workable plan or budget to resolve the remaining debts. 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: 14-06821.h1


Financial

04/29/2016

Although Applicant's financial problems were partially caused by circumstances beyond his control, there are no clear indications that they are either resolved or under control. Clearance is denied. CASE NO: 14-06270.h1


Drugs; Personal Conduct

04/29/2016

Applicant's long history of marijuana-related criminal conduct (including his use, possession, and sale of marijuana after he was granted a security clearance), and his deliberate falsification of his 2003 security clearance application to cover his marijuana-related criminal conduct continue to raise questions about his current reliability, trustworthiness, judgment, and ability to comply with the law and protect classified information. He failed to mitigate the Guidelines H and E security concerns. Clearance is denied. CASE NO: 14-04598.h1


Drugs; Personal Conduct

04/29/2016

Applicant is a 42-year-old employee of a defense contractor. She intentionally failed to report her 2011 marijuana use on her 2013 Questionnaire for National Security Positions. Drug involvement security concerns are mitigated; personal conduct security concerns are not. Clearance is denied. CASE NO: 14-03038.h1


Financial

04/29/2016

Applicant is a 56-year-old employee who is seeking to retain a security clearance. He presented sufficient evidence to explain and mitigate the concern stemming from his history of financial problems. Eligibility is granted. CASE NO: 12-11912.h1


Financial

04/29/2016

Applicant is a 59-year-old employee who is seeking to retain a security clearance. He did not present sufficient documentary evidence to mitigate the concern stemming from his failure to file state and federal individual income tax returns for the period 2003 2013. Eligibility is denied. CASE NO: 12-09638.h1


Drugs, Personal Conduct

04/28/2016

Applicant is in treatment and has been clean and sober for nearly three years, but given her previous relapses, not enough time has passed to mitigate the drug involvement concern. Applicant mitigated the personal conduct concern. Clearance is denied. CASE NO: 15-04774.h1


Financial

04/28/2016

Applicant is a 55-year-old employee of a defense contractor. As listed in the Statement of Reasons (SOR), Applicant was alleged to be delinquent on two debts in the total amount of $22,974. Both debts are resolved. Eligibility for access to classified information is granted. CASE NO: 15-03525.h1


Financial

04/28/2016

Applicant was alleged to be delinquent on two Federal income tax liens totaling $119,144; two state tax liens totaling $92,483; and 14 other debts in the total amount of $482,742. He resolved one delinquent mortgage debt; he paid one small debt in full; and one other debt was cancelled by the creditor. He failed to show he has taken responsible actions on his remaining financial obligations. Eligibility for access to classified information is denied. CASE NO: 15-02531.h1


Financial

04/28/2016

Applicant was alleged to be delinquent on four debts in the total amount of $59,871. One debt was listed twice on the SOR. His delinquent debts were caused by financial difficulties that resulted from his divorce. Over the past two years, he has resolved the two duplicate delinquent accounts. He is making payments on the remaining two accounts. Eligibility for access to classified information is granted. CASE NO: 15-02051.h1


Financial

04/28/2016

Applicant mitigated the security concerns arising from his delinquent debts. Eligibility for a security clearance is granted. CASE NO: 15-02039.h1


Financial

04/28/2016

Applicant mitigated the security concerns arising from his financial problems. Eligibility for a security clearance is granted. CASE NO: 15-01534.h1


Financial

04/28/2016

Applicant did not provide sufficient evidence to mitigate the security concerns about his delinquent debts. Clearance is denied. CASE NO: 15-00530.h1


Financial

04/28/2016

Applicant has a history of financial problems, predating the filing of a Chapter 13 bankruptcy in 2009. Prior to the final discharge of debts in 2013, she accumulated delinquent medical debts, primarily because she did not have medical insurance. She presented sufficient evidence to mitigate the financial trustworthiness concerns. Based upon a thorough review of the pleadings, exhibits, and testimony, eligibility for access to ADP I/II/III sensitive information is granted. CASE NO: 15-00415.h1


Foreign Influence; Foreign Preference

04/28/2016

Applicant has mitigated the security concerns under the above guidelines. He is a naturalized U.S. citizen who has surrendered his South African passport to his Facility Security Officer (FSO). He is in the process of transferring his financial interests to the United States. Clearance is granted. CASE NO: 15-00299.h1


Financial; Personal Conduct

04/28/2016

Applicant accumulated numerous delinquent debts over a period of several years. She has since paid off most of her listed debts in the SOR, and has payment plans in place with two of her listed creditors. Her disputes with the two remaining creditors were made in good faith. Mitigation is demonstrated. Security concerns raised over Applicant's omissions of her delinquent debts in the two e-QIPs she completed in 2010 and 2012, respectively, are not mitigated. Eligibility for holding a security clerarance is denied. CASE NO: 15-00215.h1


Financial

04/28/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 14-06918.h1


Foreign Influence

04/28/2016

Applicant mitigated security concerns raised by the financial support he provided distant relatives and a friend in China between 2007 and 2009. The record does not reflect any continuing close connections and contacts in China. Clearance is granted. CASE NO: 14-06877.h1


Guideline F

04/28/2016

Applicant's brief challenges the Judge's weighing of the evidence, but given her sustainable findings about a lack of corroboration of Applicant's debt payment claims, Applicant's argument is not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-06634.a1


Foreign Influence; Financial

04/28/2016

Applicant mitigated foreign influence security concerns raised by his wife's siblings in the Republic of Korea. He has been paying his debts since before the Statement of Reasons was issued. He credibly testified that it will take time, but he is committed to paying all his debts. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 14-06340.h1


Financial

04/28/2016

Applicant did not file timely federal income tax returns for tax years 2009 and 2010 or state income tax returns for tax years 2010, 2011, or 2012. He has yet to file any returns for tax years 2013 or 2014. While Applicant paid the majority of his delinquent medical debts, he still owes about $18,000 in past-due federal taxes. Clearance is denied. CASE NO: 14-05532.h1


Financial

04/28/2016

Applicant defaulted on more than $40,000 in student-loan debt for college studies. He has made good-faith efforts toward rehabilitating his federal student loans since October 2014, but he has yet to address a $32,937 delinquent private student-loan balance. The financial considerations concerns are not adequately mitigated. Clearance is denied. CASE NO: 14-04417.h1


Financial

04/28/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 12-05487.h1


Case Number: 15-01286.h1
Financial

04/27/2016

Applicant presented sufficient evidence to mitigate the security concerns arising from his financial problems. Eligibility for a security clearance is granted. CASE NO: 15-01286.h1


Financial

04/27/2016

Applicant did not mitigate security concerns related to her finances. Clearance is denied. CASE NO: 15-05252.h2


Financial

04/27/2016

Applicant did not mitigate security concerns related to her finances. Clearance is denied. CASE NO: 15-05252.h1


Financial

04/27/2016

Applicant has federal tax liens that are not resolved. She does not have a track record of acting fiscally responsible. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-03300.h1


Financial

04/27/2016

Applicant failed to file and pay federal and state income taxes from 2009 to 2013. The efforts made to date are insufficient to show that the problem is being resolved or his financial issues are under control. Clearance is denied. CASE NO: 15-01439.h1


Financial

04/27/2016

Applicant has significant overdue debts, and no independent evidence was introduced to establish that any of the debt has been resolved. Also, no independent evidence was introduced to establish that Applicant's current financial status is stable and that he is able to resolve his past debts or stay current with his recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 15-00670.h1


Financial

04/27/2016

Applicant mitigated security concerns raised by the delinquent debts she incurred after a marital separation. She responsibly addressed her financial situation by reducing her monthly expenses, contacting her overdue creditors, and resolving her debts. Clearance is granted. CASE NO: 15-00259.h1


Financial; Criminal Conduct; Drugs; Personal Conduct

04/27/2016

CASE NO: 14-06941.h1


Guideline F

04/27/2016

Applicant's appeal argument consists in essence of a disagreement with the Judge's weighing of the evidence, which is not sufficient to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Failure to comply with Federal and/or state tax laws suggests that an applicant has a problem with abiding by well-established Government rules and systems. Adverse decision affirmed. CASE NO: 14-06686.a1


Foreign Influence

04/27/2016

44 year old Applicant was born in Somalia, emigrated to the United States in 1998, and became a United States citizen in 2007. His mother, brother, sister, and step-brother are citizens and residents Somalia. Limited evidence was offered as to Applicant's relationships in and loyalties to the United States, and Applicant's contact with his mother creates a heightened risk of foreign exploitation, inducement, manipulation, pressure or coercion. Mitigation has not been shown. Clearance is denied. CASE NO: 14-04918.h1


Financial, Alcohol

04/27/2016

Applicant has significant overdue debts, and only one debt has been resolved. No evidence was introduced to establish that Applicant's current financial status is stable and that he is able to resolve his past debts or stay current with his recent debts. Applicant's alcohol consumption has caused him arrests in 2007 and 2014. Mitigation has not been shown. Clearance is denied. CASE NO: 14-03228.h1


Financial

04/27/2016

Applicant has significant overdue debts, and no evidence was introduced to show that he has taken action to attempt to resolve or reduce most of the debts. Mitigation has not been shown. Clearance is denied. CASE NO: 12-10810.h1


Financial

04/27/2016

Applicant had delinquent debts that were charged off and unpaid. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 12-07877.h1


Guideline F

04/26/2016

Applicant contends that he submitted documents in response to a File of Relevant aterial that were not included in the record. No evidence corroborates his claim that he mailed the documents. Applicant failed to make a prima facie showing that he submitted the documents. Adverse decision affirmed. CASE NO: 15-01753.a1


Financial

04/26/2016

Applicant has filed all of the alleged, delinquent Federal income tax returns, more than three years ago, and owes no monies. Clearance is granted. CASE NO: 14-06490.h1


Guideline F

04/26/2016

Applicant challenges the Judge's findings of fact. However, the Boards concludes that the Judge's findings fairly capture the material facts of the case. Adverse decision affirmed. CASE NO: 14-05795.a1


Financial

04/26/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He presented insufficient information to mitigate the security concerns in this case. Eligibility for a security clearance is denied. CASE NO: 14-05150.h2


Financial

04/26/2016

Applicant has sufficiently resolved his financial issues. Clearance is granted. CASE NO: 14-04702.h1


Guideline F

04/26/2016

At the time trhe case was submitted for decision, Applicant still had significant outstranding debts. The Judge reasonably explained why the mitigating evidence in the case was insufficient to overcome the Government's trustworthiness concerns. Adverse decision affirmed. CASE NO: 12-09387.a1


Financial

04/25/2016

Applicant failed to mitigate the trustworthiness concerns arising from his delinquent debts. Eligibility to occupy a position of trust is denied. CASE NO: 15-00232.h1


Personal Conduct; Financial

04/25/2016

Applicant has delinquent debts that are not paid or resolved. She was aware that she had delinquent debts when she completed her security clearance application and intentionally failed to disclose the information. Applicant failed to mitigate the security concerns under Guideline F, financial considerations, and Guideline E, personal conduct. Clearance is denied. CASE NO: 15-00022.h1


Financial

04/25/2016

Applicant has demonstrated a good-faith effort to resolve his delinquent accounts. He has also demonstrated financial reform and rehabilitation. Clearance is granted. CASE NO. 14-06927.h1


Financial; Drugs

04/25/2016

Applicant provided insufficient documentary and narrative evidence to show that his delinquent debts are being addressed or that he is sufficiently committed to remaining drug free after using marijuana in 2013. Financial considerations and drug involvement security concerns remain unmitigated. Clearance is denied. CASE No.: 14-06841.h1


Personal Conduct

04/25/2016

Applicant accepted $43,485 from his company to relocate, which he did not rate because he did not actually relocate. He also collected $7,829 for hotel stays, mileage from his home, and per diem that he did not rate. Clearance is denied. CASE NO: 14-06508.h1


Financial; Security Violations; Personal Conduct

04/25/2016

Applicant - a decorated combat veteran - failed to fully comply with his responsibilities as COMSEC custodian on two separate occasions, and he had two security infractions in June 2013. When he completed his e-QIP in January 2014, he denied ever receiving a written warning, and being officially reprimanded, suspended, or disciplined for misconduct in the workplace, such as a violation of security policy. He denied ever having received anything that would apply to the question. His immediate supervisor, as well as other co-workers and friends, have characterized Applicant as a man of integrity who is helpful, honest, faithful, courageous, trustworthy, knowledgeable, responsible, approachable, loyal, and highly respected. In 2013, Applicant had become accountable for the production and accountability of over 25,000 COMSEC controlled items, and that it was a big role considering Applicant's "limited experience working with COMSEC." A member of the COMSEC team has observed Applicant always go the extra mile to ensure the COMSEC material entrusted to the COMSEC office is never out of proper storage controls and always handled by appropriately cleared and currently briefed facility personnel. Applicant's military senior rater wrote that Applicant "sets and maintains the highest standards of honor and trustworthiness." Applicant's actions under the circumstances do not cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 14-04235.h1


Guideline J

04/25/2016

Applicant challenged the Judge's finding that he engaged in theft. The Judge's material findings are based upon substantial evidence or constitute reasonable inferences that could be drawn from the evidence. Adverse decision affirmed. CASE NO: 4-02154.a1


Guideline F

04/25/2016

Applicant contends that he did not receive his right to counsel in accordancew with the U.S. Constitution he asserted that once a concern was raised that he needed counsel, the Judge should have required him to be represented or advised hin of his right. The Directive provides no right for an applicant to have counsel appointed or paid for by the Government. Applicant's reliance upon Bivens is misplaced. Adverse decision affirmed. CASE NO: 12-08972.a1


Guideline F

04/22/2016

Applicant asserts that she responded to the Government's FORM notwithstanding the Judge's finding to the contrary. Applicant provided no information as to the nature or identity of the material she claims she submitted, or the manner in which she submitted it. Given the lack of specificity and the presumption in favor of good faith and regularity of Federal employees when performing their duties, Applicant has not demonstrated that her due process rights were violated. Adverse decision affirmed. CASE NO: 15-00017.a1


Guideline F

04/22/2016

Applicant contends he was denied due process, since the Judge dfid not give him more information about his right to counsel, and did not indicate that he had a right to object to or rebut Government exhibits. The Judge adequately explained to Applicant his rights and responsibilities at the hearing. Applicant's allegation of bias against the Judge is not established on this record. Adverse decision affirmed. CASE NO: 12-10122.a1


Financial

04/21/2016

Applicant mitigated the security concerns raised under financial considerations. Clearance is granted. CASE NO: 15-01217.h1


Financial

04/21/2016

Applicant's statement of reasons (SOR) alleges eight delinquent debts totaling $46,447, discharge of his nonpriority, unsecured debts under Chapter 7 Bankruptcy Code in 1997, and dismissal of his Chapter 13 Bankruptcy in October 2012. He failed to provide sufficient evidence about his finances and demonstrate enough progress resolving his SOR debts after October 2012. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-00986.h1


Financial

04/21/2016

Applicant has had a long-standing problem with her finances which existed as far back as mid-2004, or even earlier. Her unsecured, nonpriority debts were discharged under Chapter 7 or the U.S. Bankruptcy Code in May 2006. A number of accounts subsequently became delinquent and were placed for collection, charged off, or went to judgment. She failed to file her federal income tax return for the tax year 2011. Although Applicant spoke about some of her efforts to address various delinquent debts, she offered no documentary evidence of a good-faith effort to resolve any of them. When asked about the existence of financial delinquencies, she lied and denied that there were any, despite the presence of a number of them. With delinquent accounts, totaling approximately $15,082, and living paycheck-to-paycheck, there are clear indications that Applicant's financial problems are not under control. Her actions under the circumstances cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 15-00606.h1


Drug Involvement; Personal Conduct

04/21/2016

Applicant's statement of reasons (SOR) alleges and the record establishes that Applicant used marijuana about 6 to 10 times from April 2008 until August 2012. His marijuana use occurred after he left active duty with the Air Force. He self-reported his marijuana use. He does not associate with drug-using associates and contacts; he avoids the environment where drugs were used; and he provided a signed statement of intent with automatic revocation of clearance for any violation. Drug involvement and personal conduct security concerns are mitigated. Access to classified information is granted. CASE NO: 14-07057.h1


Foreign Influence

04/21/2016

Applicant did not mitigate the security concerns raised by his strong relationship to his parents and sibling who are residents and citizens of Nigeria. Clearance is denied. CASE NO: 14-05527.h1


Financial

04/21/2016

Applicant made sufficient progress resolving the debts alleged in his statement of reasons (SOR), which alleges 14 delinquent debts totaling $37,955. He settled and paid three SOR debts totaling $11,725, and his child support debt is in a state-approved payment plan. He successfully disputed six SOR debts totaling $18,780. He has disputed four SOR debts totaling $1,772, and he is awaiting the results of the four disputes. While additional sustained financial effort is necessary, he has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 14-04803.h1


Drugs; Personal Conduct; Foreign Influence

04/21/2016

Applicant used marijuana over a period of years to 2013; used hallucinogenic mushrooms on several occasions to 2008; and used illegal drugs while holding a security clearance. He failed to report past drug use on his security clearance application (SF 86) in 2002. His spouse is a Ukrainian citizen and his parents-in-law are Ukrainian citizens residing in northwestern Ukraine. Personal conduct and foreign influence are mitigated, but drug involvement is not mitigated. Clearance is denied. CASE NO: 14-02730.h1


Foreign Preference; Foreign Influence; Personal Conduct

04/21/2016

Applicant provided sufficient evidence to mitigate the security concerns alleged in the statement of reasons. Eligibility for a security clearance is granted. CASE NO: 14-01900.h1


Financial, Alcohol Consumption, Drugs, and Personal Conduct

04/21/2016

Applicant accumulated a number of delinquent debts between 2006 and 2013 that he has neither satisfied nor mitigated. Alcohol abuse associated with alcohol-related incidents and use of marijuana while holding a security clearance raise additional security concerns that have not been mitigated. Further, Applicant falsified his security clearance application by deliberately omitting his delinquent debts, drug use, and alcohol and drug-related incidents. His omissions raise personal conduct concerns that are not mitigated. Clearance is denied. CASE NO: 14-01185.h1


Criminal or Dishonest Conduct

04/20/2016

Applicant had multiple arrests involving alcohol. He no longer consumes alcohol and has changed his life. Applicant mitigated the Common Access Card credentialing concerns. Common Access Card eligibility is granted. CASE NO: 15-05757.h1


Financial; Alcohol

04/20/2016

Applicant has a history of financial delinquencies and was convicted of driving under the influence of alcohol or drugs (DUI) in 2010. He failed to mitigate the financial consideration and alcohol consumption security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02412.h1


Guideline F

04/20/2016

Evidence of ongoing unresolved debts is sufficient to raise Guideline F concerns. Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed. CASE NO: 15-01253.a1


Foreign Influence; Foreign Preference

04/20/2016

Applicant was born in Colombia, but she moved to the United States as a child when her mother married a member of the U.S. military. Applicant's two half-siblings were born in the United States and are serving on active duty in the U.S. military. Her husband is a native-born U.S. citizen who works for a defense contractor and holds a security clearance. She surrendered her Colombian passport to her facility security officer, and she plans to initiate the process of renouncing her Colombian citizenship. Foreign influence and foreign preference security concerns are mitigated. Clearance is granted. CASE NO: 15-01232.h1


Financial

04/20/2016

Applicant had delinquent accounts that he has been unable or unwilling to pay. He filed Chapter 13 bankruptcy. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 15-00838.h1


Financial

04/20/2016

Applicant's finances were adversely affected by circumstances beyond his control. He resolved four SOR debts, and has two SOR debts left to resolve. While additional sustained financial effort is necessary to resolve all his debts, he has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-00544.h1


Guideline C

04/20/2016

Applicant argues that the Judge erred in his mitigation analysis, of Applicant's foreign passport. The Judge concluded that concerns arising from Applicant's having applied for and having received foreign citizenship and having used a foreign passport multiple times were not adequately mitigated Applicant having turned his passport over to his FSO for the duration of his current employment. This conclusion is consistent with the record. Adverse decision affirmed. CASE NO: 15-00424.a1


Guideline F

04/20/2016

The Board must consider not only whether there is record evidence supporting a Judge's findings, but also whether there is evidence that fairly detracts from the weight of the evidence supporting those findings, and whether the Judge's findings reflect a reasonable interpretation of the record evidence as a whole. The Judge did not discuss one credit report in his findings on two debts.This credit report is significant record evidence that tends to contradict the Judge's statement that the "credit reports" did not show the debt in SOR allegation 1.f was paid. Adverse decision remanded. CASE NO: 14-06592.a1


Guideline F

04/20/2016

The Judge should have discussed Exhibit O pertaining to the schedules short sale of property. Adverse decision remanded. CASE NO: 14-05150.a1


Guideline G

04/20/2016

Applicant's appeal brief contains no assertion of harmful error by the Judge. It contains a statement by the Applicant as to corrective actions he has taken since the hearing. The Board cannot consider new evidence on appeal. The Appeal Board's authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed. CASE NO: 14-02360.a1


Foreign Influence

04/20/2016

Applicant is a native of India who relinquished his Indian citizenship on his U.S. naturalization in June 2002. His father, brother, brother's spouse, mother-in-law, and three brothers-in-law are all resident citizens of India. Applicant provided financial support to some family members in India, but he does not intend to do so in the future. The foreign influence concerns raised by his security significant ties to India are overcome by his strong ties to the United States, where he and his spouse have chosen to make their home, he has pursued his entire professional career, and they have raised their children, who are U.S. citizens from birth. Clearance granted. CASE NO: 14-01687.h1


Financial

04/20/2016

Applicant has delinquent debts that are not resolved. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-01370.h1


Financial

04/20/2016

Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 12-07063.h1


Financial; Personal Conduct

04/19/2016

Applicant did not mitigate the financial considerations or personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 15-02231.h1


Financial

04/19/2016

Applicant's mortgage loans have been forgiven by the mortgage holders. His defaults were caused by the crash of the housing market. Clearance is granted. CASE NO: 15-02092.h1


Financial

04/19/2016

Applicant's financial problems were caused by medical bills for his children and school expenses for his special-needs child. He now earns $125,000 per year; his wife earns $50,000; and he inherited more than $400,000 in 2014; but he refuses to pay his debts. Clearance is denied. CASE NO: 15-01315.h1


Financial

04/19/2016

Applicant was alleged to be delinquent on five debts in the total amount of $58,731. He has resolved four debts and is making payments on the remaining account. Eligibility for access to classified information is granted. CASE NO: 15-01175.h1


Financial

04/19/2016

Applicant is a 57-year-old employee of a defense contractor. He is alleged to be indebted to four creditors in the approximate amount of $97,771. Applicant has been making regular payments on two of the debts. He has documented a rational basis for disputing the two remaining SOR-listed debts. Eligibility for access to classified information is granted. CASE NO: 15-00814.h1


Financial

04/19/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 14-07061.h1


Financial

04/19/2016

Applicant's pattern was to file his federal income tax returns late, if at all. In 2012, he filed his late returns and instituted an installment agreement to pay his back taxes. His 2012, 2013, and 2014 returns were filed on time, and his back taxes were completely paid by 2014. He credibly testified that he learned a hard lesson, and the behavior will not be repeated. Clearance is granted. CASE NO: 14-04756.h1


Drugs; Alcohol

04/19/2016

Applicant used marijuana from August 1998 to November 1999 and from mid-May 2013 to July 2013. He drank alcohol to excess in 2013, and was medically diagnosed with alcohol and marijuana dependence in late July 2013. He has not used marijuana since July 2013 or alcohol since July 2014, but the drug involvement and alcohol consumption security concerns are not fully mitigated. Clearance is denied CASE NO: 14-01530.h1


Drugs; Personal Conduct

04/19/2016

Applicant mitigated security concerns under personal conduct. He did not mitigate the drug involvement security concerns. Clearance is denied. CASE NO: 14-01113.h1


Criminal; Drugs

04/19/2016

Applicant's extensive illegal drug involvement both as an addict and as a drug dealer has yet to be mitigated with the passage of time. Clearance is denied. CASE NO: 12-11821.h1


Financial

04/19/2016

Applicant has struggled financially to remain current on his debts, largely because of a high mortgage, some student loan payments for his children, and a decline in his household income. He has satisfied some smaller debts, and is only 15 days late in paying his mortgage. However, he has yet to demonstrate financial stability. Clearance is denied. CASE NO: 12-11371.h1


Financial

04/15/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 15-02115.h1


Financial

04/15/2016

Applicant has mitigated the security concerns raised by his delinquent debts and Chapter 7 bankruptcy discharge. Clearance is granted. CASE NO: 15-01562.h1


Financial

04/15/2016

Applicant had one delinquent credit card debt totaling $15,539. The debt was settled and paid after the account was charged off. Resulting security concerns were mitigated. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is granted. CASE NO: 15-01371.h1


Financial

04/15/2016

Applicant has mitigated the security concerns under the financial considerations guideline. He has provided sufficient documentation to support mitigation. Clearance is granted. CASE NO: 15-00683.h1


Guideline F

04/15/2016

Applicant challenges some of the Judge's findings of fact. The Judge's findings are based, in part, on Applicant's Answer to the SOR and on the summary of her clearance interview. The Judge's material findings are based upon substantial evidence or constitute reasonable inferences that could be drawn from the evidence. Applicant has cited to no error that likely affected the outcome of the case. Adverse decision affirmed. CASE NO: 15-00327.a1


Financial

04/15/2016

Applicant knew that his unfiled income tax returns were a concern to the Department of Defense in February 2014 when he submitted his Questionnaire for National Security Positions (SF 86), in March 2014 when he was interviewed for his background investigation, and in November 2014 when he responded to DOHA interrogatories. He finally filed the returns in about July 2015, but he owes the IRS more than $20,000 in back taxes. Eligibility for access to sensitive information is denied. CASE NO: 14-06876.h1


Guideline E; Guideline F

04/15/2016

Applicant makes no assertion of harmful error by the Judge. Adverse decision affirmed. CASE NO: 14-06491.a1


Drug Involvement, Personal Conduct

04/15/2016

Applicant used marijuana in 2009 after being granted a security clearance in 2006. He has an extensive history of drug involvement to include a felony arrest for drug dealing in 2002. Moreover, he falsified his April 2014 security clearance application to hide his illegal drug-related behavior. Clearance is denied. CASE NO: 14-05084.h1


Financial

04/15/2016

Applicant provided insufficient documentary evidence to show that she has addressed or made any progress on her delinquent debts, unfiled Federal Income taxe returns, or unpaid Federal Income taxes. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE No.: 14-04734.h1


Guiodeline F

04/15/2016

Applicant has made a prima facie case that some of his evidence was not passed on to the Judge. Adverse decision remanded. CASE NO: 14-04491.a1


Guideline F

04/15/2016

Failure to file tax returns suggests that an applicant has a problem with complying with well-established governmental rules and systems. Voluntary compliance with such rules and systems is essential for protecting classified information. A clearance adjudication is aimed at evaluating an applicant's judgment and reliability. A person who fails repeatedly to fulfill his or her legal obligations does not demonstrate the high degree of good judgment and reliability required for access to classified information. Applicant has not mitigated concerns arising from his dilatory tax filings. His explanation was that he simply forgot to file his returns three times, although he had remembered to file for extensions during each of the three years. Applicant provided no plausible explanation for why each time he requested an extension, he did not recall that he had yet to file for the previous year. Even if he lacked specific intent to avoid taxes, his conduct raises serious questions about his ability to comply with security rules that may be more exacting than filing of a tax return. Favorable decision reversed. CASE NO: 14-04437.a1


Guideline F

04/15/2016

Applicant's argument relies on new evidence which the Board cannot consider. Adverse decision affirmed. CASE NO: 14-02936.a1


Guideline G; Guideline I

04/15/2016

Department Counsel challenges the Judge's finding that Applicant is in full sustained remission of alcohol dependence. We examine findings to see if they are supported by "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of all the contrary evidence in the same record." The most recent evidence by anyone qualified to provide a diagnosis is the 2014 psychological evaluation, which states that Applicant is in early full remission. There is nothing in the record by a psychologist or any healthcare professional to the effect that the diagnosis should be changed. Applicant's statement in his February 2015 Answer to the SOR that he had not consumed alcohol since June 2014 was evidence to which the Judge was required to give due consideration. However, Applicant submitted nothing in response to the File of Relevant Material. Therefore, there is nothing in the record to support an affirmative finding about Applicant's conduct subsequent to the SOR Answer, there is nothing, and indeed can be nothing, concerning Applicant's conduct or medical condition following the close of the record. The Judge's statement that Applicant had been abstinent for 18 months is without evidentiary foundation. Even if there were evidence that showed a greater period of abstinence than what is in the record, the Judge was not qualified to make or change a medical diagnosis. The finding is not supported by the record. Favorable decision reversed. CASE NO: 14-01490.a1


Financial

04/14/2016

Applicant was alleged to be delinquent on seven debts in the total amount of $20,987. He has resolved two debts and is making payment on the remaining five accounts. Eligibility for access to classified information is granted. CASE NO: 15-02241.h1


Financial

04/14/2016

Applicant's statement of reasons (SOR) alleges 33 delinquent debts totaling $21,797. She failed to provide sufficient information about her finances and demonstrate progress resolving her SOR debts. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 15-01919.h1


Financial

04/14/2016

Applicant failed to show evidence to determine that his financial obligations have been or will be resolved within a reasonable period. The totality of the unresolved delinquent debts incurred after receiving a bankruptcy discharge, leaves doubts about Applicant's overall financial condition and ability or willingness to face his financial responsibilities. Clearance is denied. CASE NO: 15-01793.h1


Financial

04/14/2016

Applicant is alleged to be delinquent on 13 debts in the total amount of $20,221. All 13 delinquencies remain unresolved. Eligibility for access to classified information is denied. CASE NO: 15-01191.h1


Financial

04/14/2016

Applicant accumulated numerous delinquent debts over a number of years. His debts include past due federal taxes, three adverse judgments, and 13 delinquent consumer accounts. Despite afforded opportunities to do so, he provided no documented evidence of payment or resolution of any of the listed debts in the SOR. Financial concerns are not mitigated. Clearance is denied. CASE NO: 15-00949.h1


Financial

04/14/2016

Applicant's statement of reasons (SOR) alleges 28 delinquent debts, including 22 medical debts. His largest delinquent SOR debt was his first mortgage, and he brought it to current status using funds from his 401(k) account. He also paid one judgment, and he brought his medical debts to current status. Two debts do not have payment plans and remain unresolved. He is investigating one account and communicating with his creditors on the other account. He assures he intends to pay his debts. While additional sustained financial effort is necessary, he has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-00809.h1


Foreign Influence

04/14/2016

Applicant did not mitigate the security concerns raised by his connections and contacts in China. His parents and siblings, and his wife's siblings are residents and citizens of China. They are part of an ethnic minority that has been systematically persecuted by the Chinese government. Applicant is close to his foreign relatives, as evidenced by his travels to China to visit them. His recent trips to China occurred after he was subjected to extra scrutiny and surveillance by the Chinese government on past trips. Although Applicant's desire to visit his family is understandable, the U.S. Government cannot take the risks associated with the heightened security concerns raised in this case. Accordingly, notwithstanding Applicant's significant ties to the United States and other favorable record evidence, such is insufficient to mitigate the heightened security concerns raised by his familial connections and contacts in China. CASE NO: 15-00042.h1


Financial

04/14/2016

Applicant failed to mitigate the security concerns raised by his unresolved delinquent debt. Clearance is denied. CASE NO. 14-03120.h1


Financial; Personal Conduct

04/14/2016

Applicant's evidence is insufficient to establish that he has a track record of financial responsibility. Moreover, he deliberately falsified his 2011 security clearance application. He failed to mitigate the Guideline F (financial considerations) and Guideline E (personal conduct) security concerns. Clearance is denied. CASE NO: 14-02625.h1


Foreign Preference, Foreign Influence

04/14/2016

Applicant mitigated the security concerns raised by voting in a foreign election after becoming a naturalized U.S. citizen, but two years before working for a federal contractor in a position that requires access to classified information. He has also mitigated the concerns raised by his relationships with his relatives who are citizens of Ivory Coast. Clearance is granted. CASE NO. 12-11062.h1


Financial

04/14/2016

Applicant has had a long-standing problem with his finances which started as early as 1998 when he failed to include his $57,000 jackpot winnings in his federal income tax return for the tax year 1997. He loaned some of the money to friends, and spent the remainder. In June 2002, the Internal Revenue Service filed a tax lien for approximately $29,644. Other accounts became delinquent and were placed for collection, charged off, or transferred or sold. Applicant's attitude is that by ignoring the lien until he decides to sell the house, rather than making routine monthly payments on the lien, he has more money to use to meet other unspecified obligations. Applicant offered little documentary evidence of a good-faith effort to resolve his debts. Instead, he has offered claims of actions supposedly taken and actions to be taken, but no documentation to support those claims. He acknowledged that none of his debt is related to events out of his control. There are clear indications that Applicant's financial problems are not under control. His actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 12-09725.h1


Guideline F

04/13/2016

Applicant challenges the Judge's decision not to consider the summary of her clearance interview. She argues that the interview contains information that she believes is beneficial to her. Under the particular facts of this case, we conclude that the best resolution is to remand the case to the Judge to consider Item 4, after which she will issue a new Decision. Adverse decision remanded. CASE NO: 15-05252.a1


Guideline J; Guideline E

04/13/2016

Applicant asserts no harmful error by the Judge. Adverse decision affirmed. CASE NO: 14-06917.a1


Guideline E

04/13/2016

Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed. CASE NO: 14-04553.a1


Guideline F; Guideline E

04/13/2016

Applicant does not raises any issue regarding the adverse conclusions under Guideline E. Adverse decision affirmed. CASE NO: 12-12051.a1


Financial; Personal Conduct

04/11/2016

Applicant refuted the falsification allegation, but failed to mitigate the security concerns arising from his delinquent debts. Eligibility for a security clearance is denied. CASE NO: 15-01920.h1


Financial

04/11/2016

Applicant experienced financial difficulties due to legal fees associated with a child custody issue and medical problems. He has resolved most of the delinquent debts and has sufficient resources to pay a remaining debt yet to be resolved. Applicant mitigated the security concerns under Guideline F, financial considerations. Clearance is granted. CASE NO: 15-01083.h1


Financial

04/11/2016

Applicant has not mitigated the security concerns raised by his failure to pay child support and his failure to timely file his federal and state income tax returns. CASE NO: 15-00780.h1


Financial

04/11/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He has unresolved debt that has not been addressed. He has had challenging situations, but he has not provided any documentation to support mitigation. Clearance is denied. CASE NO: 15-00650.h1


Financial; Personal Conduct

04/11/2016

Applicant failed to timely file his federal income tax returns for the 2011, 2012, and 2013 tax years. Applicant always timely filed his tax returns before 2011; he filed his past-due returns five months before the Statement of Reasons (SOR) was issued; he has timely filed his returns since 2013. It is unlikely that he will again fail to meet his income tax obligations. When assessed in the context of his entire personal and professional background, his conduct in this regard is not indicative of his overall judgment, reliability or trustworthiness. His request for a security clearance is granted. CASE NO: 15-00156.h1


Financial

04/11/2016

Applicant has been consistently paying into a Chapter 13 bankruptcy plan since September 2014. As of December 2015, she had paid more than $5,700 into the plan. She credibly testified that she will continue with the bankruptcy plan until completion. Financial considerations security concerns are mitigated. CASE NO: 14-06124.h1


Financial; Personal Conduct

04/11/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He has not provided documentation that he has resolved any debts. He is thinking about filing for bankruptcy, but he has not yet started the process. However, he did not falsify his security clearance application thus mitigating the personal conduct security concern. Eligibility for a security clearance is denied. CASE NO: 14-05330.h1


Financial

04/11/2016

Applicant failed to mitigate the security concerns raised by her failure to timely file her Federal tax returns for 2005-2009 and 2011, resulting in over $20,000 in delinquent taxes. She also failed to keep her HOA fees current for most of the last 15 years. Clearance denied. CASE NO: 14-05130.h1


Alcohol Consumption; Criminal Conduct

04/11/2016

Applicant provided sufficient facts indicating that she is both committed to, and capable of, controlling her alcohol use and comporting her behavior in terms of the law. In her 60s, she understands the severity of her past misconduct and is fully committed to doing what it takes to maintain her job and her security clearance. Alcohol Consumption and Criminal Conduct security concerns are mitigated. Clearance is granted. CASE No.: 14-04825.h1


Financial

04/11/2016

Applicant has not mitigated the security concerns under the financial considerations guideline. He has unresolved debt in the amount of about $75,000. Eligibility for a security clearance is denied. CASE NO: 14-04488.h1


Financial; Personal Conduct

04/11/2016

Applicant admitted all allegations raised concerning his concealment of nearly $20,000 in delinquent debts on his recent security clearance application. He provided no information or facts tending to explain his actions. Financial considerations and personal conduct security concerns remain unmitigated. Clearance is denied. CASE No.: 14-03020.h1


Foreign Influence; Personal Conduct

04/11/2016

Applicant admitted that he has a spouse, child, and in-laws who are residents and citizens of Russia, but he offered little other information regarding these kin. He also admitted that his security clearance applications were riddled with discrepancies and inaccuracies, and that his interview answers were less than accurate. With scant mitigating information introduced, foreign influence and personal conduct security concerns remain unmitigated. Clearance is denied. CASE No.: 11-08313.h1


Guideline F

04/08/2016

The record shows that Department Counsel advised Applicant that she had 30 days from receipt of the FORM to submit documents "setting forth objections, rebuttal, extenuation, mitigation, or explanation, as appropriate." Applicant's copy of the FORM was accompanied by a DOHA cover letter, which advised Applicant of her right to submit objections "or any additional information you wish to be considered." The DOHA official enclosed a copy of the Directive, which explains an applicant's rights in detail, and he advised Applicant how she could access the Directive on line. Adverse decision affirmed. CASE NO: 15-00092.a1


Guideline K; Guideline B; Guideline D

04/08/2016

The Directive presumes there is a nexus between proven circumstances under any Guideline and an applicant's security eligibility The disqualifying conditions listed under each Guideline are illustrative only, not exhaustive and exclusive. In analyzing cases, Judges must be guided by common sense and with a view toward making a reasoned determination consistent with national security. A duty to report ongoing contact with a foreign national bears a rational relation to the protection of classified information within the meaning of Guideline K. The Directive provides that "any failure to comply with rules for the protection of classified information" could raise a concern about an applicant's clearance eligibility. Adverse decision affirmed. CASE NO: 14-04441.a1


04/08/2016

The gravamen of the Judge's decision was his conclusion that for a period of time that extended over several years, Applicant did nothing to address his delinquent debts, though he had sufficient means to do so over at least a significant part of that span. The Judge's conclusion is sustainable on this record. Adverse decision affirmed. CASE NO: 12-11805.a1


Financial Considerations

04/07/2016

The Judge's whole-person analysis complies with the requirements of the Directive. Even applicant's with good prior security records can encounter circumstances that may compromise their judgment. Moreover, the Government is not estopped from denying a clearance even when there were prior favorable adjudications. Adverse decision affirmed. CASE NO: 14-02995.a1


Guideline F

04/07/2016

The Judge's material findings were supported by substantial evidence. the Appeal Board cannot consider new evidence on appeal. Applicant did not rebut the presumption that the Judge considered all of the evidence. Adverse decision affirmed. CASE NO: 14-02619.a1


Guideline F

04/06/2016

Applicant cites to his testimony that he had attempted to resolve the largest medical debt. He also cites to testimony and other evidence concerning debt repayment and his payment of current expenses. The Judge made findings about Applicant's evidence. However, her finding that he had not corroborated his testimony was consistent with the record that was before her. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 14-06203.a1


Guideline F

04/06/2016

The Directive does not allow us to consider the impact of an unfavorable decision. Adverse decision affirmed. CASE NO: 14-04959.a1


Guideline F; Guideline G

04/06/2016

The Judge made detailed findings about Applicant's financial problems as well as his difficulties with alcohol and discussed the evidence in her analysis. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 14-04719.a1


Guideline F

04/06/2016

The Board does not review cases de novo. Adverse decision affirmed. CASE NO: 14-01969.a1


Guideline F

04/06/2016

Given evidence that Applicant failed to file his returns for several years due to nothing more than his admitted "procrastination", the Judge's conclusion that Applicant had not satisfied the Guideline F mitigating conditions is supportable. Adverse decision affirmed. CASE NO: 12-09719.a1


Guideline F

04/06/2016

We give due consideration to the Hearing Office case that Applicant has cited. However, each case must be decided on its own merits. This case is not sufficient to undermine the Judge's decision. Adverse decision affirmed. CASE NO: 12-05959.a1


Financial; Personal Conduct

04/05/2016

Applicant is a 46-year-old employee who is seeking to retain a security clearance. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the facts proven by the written record concerning a history of financial problems. With that said, he did not deliberately omit relevant information about his finances when he completed a 2013 security clearance application. Eligibility is denied. CASE NO: 15-03305.h1


Alcohol

04/05/2016

Applicant has a long history of alcohol abuse and was diagnosed with alcohol dependence. He has participated several times in both inpatient and outpatient treatment and relapsed. His current period of sobriety is insufficient to mitigate the security concerns under Guideline G, alcohol consumption. Clearance is denied. CASE NO: 15-01069.h1


Financial Considerations

04/05/2016

Although Applicant has had periods of significant financial problems resulting in the need for major efforts to resolve them, I am persuaded that he acted responsibly under the circumstances to take action to address his debts when financially able. Along with repaying his tax debts, he established a record of responsible anticipation of tax liabilities and reasonable use of credit. Over the past four or more years, he has established a record of financial responsibility, including decreasing his debt-to-income ratio, and paying his tax and other financial obligations on time. He and his wife are committed to living a modest lifestyle and his current financial status is stable. Clearance is granted. CASE NO: 15-00394.h1


Financial

04/05/2016

Applicant resolved some delinquent accounts, but failed to provide sufficient evidence that she paid her student loans in the past and has been making consistent payments. She did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 14-06338.h1


Financial

04/05/2016

For nearly two decades, Applicant had been employed by one employer. He lined up a new job with a company in another state, and he relocated his family to that other state. When he arrived, he was confronted with the realization that his new would-be employer had implemented a hiring freeze before he arrived, and his job was no longer available. Applicant's wife was also unemployed due to the move. During the ensuing years, both Applicant and his wife had the misfortune to be unemployed on a periodic basis. Applicant's significant financial problems arose in 2010 when he had insufficient money to maintain all of his monthly payments and was unable to pay his federal and state income taxes. He withdrew funds from his 401(k) and incurred additional income tax, penalties, and interest for doing so. Various accounts became delinquent. State and federal income tax liens were filed. In 2010, Applicant entered into repayment plans with the state department of revenue and the Internal Revenue Service (IRS), and in 2013, he did so with two credit card creditors. Applicant's state income tax balance was paid off in December 2013 – approximately 18 months before the SOR was issued. His three remaining repayment plans call for automatic electronic transfers, and they have continuously been made. There are clear indications that Applicant's financial problems are under control. His actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 12-10756.h1


Guideline F

04/01/2016

Applicant has not made an allegation of harmful error. Adverse decision affirmed. CASE NO: 15-00804.a1


Guideline F

04/01/2016

Applicant has not made an allegation of harmful error. Adverse decision affirmed. CASE NO: 14-06746.a1


Guideline F

04/01/2016

Applicant has made no allegation of harmful error. Adverse decision affirmed. CASE NO: 12-08831.a1


Case Number: 14-02633.h1
Financial, Personal Conduct

03/31/2016

Applicant failed to produce sufficient evidence to mitigate the financial security concerns related to his delinquent debts, and personal conduct security concerns raised by his failure to disclose the debts in his security clearance application. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 14-02633.h1


Financial

03/31/2016

Applicant is a 59-year-old employee of a defense contractor. He is alleged to be delinquent on 20 debts. One debt was listed on the SOR twice. He resolved two debts, but the other 17 remain unresolved. Eligibility for access to classified information is denied. CASE NO: 15-04747.h1


Drugs

03/31/2016

Applicant illegally used marijuana three times in early January 2013 and has not used it since then. He disclosed his misconduct in his security clearance application. He mitigated the drug involvement security concerns. Eligibility for access to classified information is granted. CASE NO: 15-02442.h1


Financial

03/31/2016

Applicant is a 54-year-old employee who is seeking to retain a security clearance. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the facts proven by the written record concerning his history of financial problems. Eligibility is denied. CASE NO: 15-02156.h1


Financial; Personal Conduct

03/31/2016

Applicant is a 49-year-old employee who is seeking to obtain a security clearance. He did not present sufficient evidence to explain and mitigate the concern stemming from a history of financial problems. But he did present sufficient information to establish that he did not deliberately omit relevant information about his problematic financial history when he submitted a security clearance application in 2012. Eligibility is denied. CASE NO: 15-01523.h1


Financial

03/31/2016

Applicant failed to mitigate trustworthiness concerns arising from her delinquent debts. Eligibility to occupy a position of trust is denied. CASE NO: 15-01446.h1


Financial

03/31/2016

Applicant was delinquent in filing his state and federal income tax returns for eight tax years. He owes approximately $66,000 in federal income tax and more than $5,000 in state income tax. He has now filed his tax returns, but failed to show any payment on his delinquent tax obligations. He has failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 15-01327


Financial

03/31/2016

Applicant accumulated several past due debts over a period of several years. They include an adverse judgment, two federal tax liens, and two small consumer debts. Applicant has since resolved all of the listed debts, except for one of the remaining small debts, but mostly by involuntary means. For lack of more good-faith efforts to address his debts, Applicant's actions are insufficient to facilitate safe predictions that he will be able to manage his finances prudently in the foreseeable future. Financial concerns are not mitigated. Clearance is denied. CASE NO: 15-01201.h1


Financial

03/31/2016

Applicant was delinquent in filing his federal and state income tax returns for two tax years. He has now filed his returns and received sizable tax refunds. He has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 15-01132.h1


Financial

03/31/2016

Applicant has one old charged-off joint credit card debt that was assigned to his ex-wife in their March 2009 divorce because she incurred the debt after their separation. The creditor has made no effort to collect from him, and has no record of this account or of any debt being owed by him. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 15-01131.h1


Foreign Influence

03/31/2016

Applicant is a 56-year-old employee who is seeking to obtain a security clearance. He was born and raised in India. He has lived and worked in the United States since 2000. He did not meet his burden to present sufficient evidence to explain and mitigate the foreign influence security concern stemming from his family and financial ties to India. Eligibility is denied. CASE NO: 15-00856.h1


Drug Involvement, Personal Conduct

03/31/2016

Applicant used marijuana with varying frequency from June 2007 to August 2013 and purchased marijuana in September 2010. He continued to use marijuana after he had been granted a security clearance in October 2009. Additionally, Applicant falsified his August 2008 security clearance application claiming that he had never used marijuana. Clearance is denied. CASE NO: 15-00654.h1


Financial

03/31/2016

Applicant mitigated the security concerns raised by her financial delinquencies. She incurred debt when she and her husband were unemployed. After regaining employment, she acted responsibly by taking actions to resolve her debts. Although some debts remain, her finances no longer raise doubts about her eligibility. Clearance is granted. CASE NO: 15-00224.h1


Financial

03/31/2016

Applicant failed to mitigate the security concerns raised by his $44,000 in delinquent debt, none of which had been addressed. Clearance denied. CASE NO: 15-00204.h1


Financial, Personal Conduct

03/31/2016

Applicant has 20 debts totaling $46,975. He has made no documented effort to pay or otherwise resolve those debts. Furthermore, Applicant falsified his 2012 security clearance application by failing to list any of his delinquent debt. Clearance is denied. CASE NO: 14-06953.h1


Financial

03/31/2016

Applicant owed less than $1,000 for delinquent state and federal tax obligations for tax years 2009 and 2010, plus a telephone bill. She has filed her state and federal tax returns for the two years in question. She has rebutted or mitigated the public trust concerns under Guideline F, financial considerations. Eligibility for a public trust position is granted. CASE NO: 14-06878.h1


Criminal Conduct; Alcohol Consumption; Personal Conduct; and Financial Considerations

03/31/2016

Applicant has not mitigated the security concerns under the above guidelines. He has a criminal history involving alcohol-related driving convictions that span a period of almost 30 years. He has not produced evidence of payment of delinquent debts. He omitted information on his latest security clearance application. Clearance is denied. CASE NO: 14-06852.h1


Foreign Influence; Personal Conduct

03/31/2016

Applicant, a married man, engaged in sexual activity with a female (A) who is a resident and citizen of Kyrgyzstan in 2013. At the time, he was deployed to Kyrgyzstan, and he was aware of his employer's policy prohibiting its employees from engaging in relationships with foreign nationals. After Applicant returned to the United States, he continued to frequently communicate with A, and to provide her with money. Applicant did not fully disclose his relationship with A to his employer. He has not ended his communications with A. Foreign influence and personal conduct security concerns are not mitigated. Access to classified information is denied. CASE NO: 14-06751.h1


Financial; Personal Conduct

03/31/2016

Applicant was able to mitigate personal conduct concerns resulting from his failure to disclose adverse financial information when completing his security clearance application in 2014. However, he was unable to mitigate financial considerations concerns as a result of his failure to resolve two collection accounts of $36,457 and $2,505 that have been ongoing since 2007. Clearance is denied. CASE NO: 14-06731.h1


Financial

03/31/2016

In 1996, Applicant filed for bankruptcy protection. The Statement of Reasons (SOR) lists 11 delinquent obligations totaling more than $17,000. The majority of the debts have been paid. The financial consideration security concerns have been mitigated. Clearance is granted. CASE NO: 14-06409.h1


Financial

03/31/2016

Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the facts proven by the written record concerning his history of financial problems. Accordingly, this case is decided against Applicant. Clearance is denied. CASE NO: 14-06245


Foreign Influence; Foreign Preference; Personal Conduct

03/31/2016

Applicant mitigated the foreign preference and personal conduct security concerns. He failed to present sufficient evidence to mitigate the foreign influence security concerns. Eligibility for access to classified information is denied. CASE NO: 14-05694.h1


Financial

03/31/2016

A bureaucratic mistake resulted in Applicant overpaying $8,807 annually in child support. He has paid or is paying several of the delinquent debts alleged in the Statement of Reasons. I am convinced those payments will increase once his child support muddle is resolved. Financial considerations security concerns are mitigated. CASE NO: 14-05526.h1


Alcohol

03/31/2016

Applicant has been arrested six times for driving while intoxicated between 1993 and 2011. He continues to consume alcohol. He failed to mitigate the security concerns arising from his alcohol consumption. Eligibility for a security clearance is denied. CASE NO: 14-05414.h1


Financial

03/31/2016

Applicant did not mitigate security concerns raised by her finances. She has filed for bankruptcy twice in the past fifteen years. Her recent Chapter 13 bankruptcy case was dismissed because she did not make the required monthly payments. Her past-due debts total over $20,000 and include delinquent federal and state taxes. Notwithstanding the presence of some favorable information, her past financial history and current finances continue to raise security concerns. Clearance is denied. CASE NO: 14-05119.h1


Financial

03/31/2016

Although Applicant's financial problems were caused by events beyond her control, she did not present any information regarding her efforts to resolve her delinquent accounts. Accordingly, her eligibility to occupy a positon of trust is denied. CASE NO. 14-05073.h1


Financial

03/31/2016

Applicant experienced financial difficulties about 20 years ago, then again a few years later. She managed her finances within her means until recently, when her mother's illness and death occurred around the time she was forced to retire for health reasons, lost a job and had to relocate to maintain employment, and needed to maintain two households for nearly a year. Since that time, she has resolved her largest debt, maintained contact with her other creditors, initiated repayment plans, and addressed the vast majority of her debts. While progress has been slow, it has been measured and successful. Financial considerations security concerns are mitigated. Clearance is granted. CASE No.: 14-04973.h1


Financial

03/31/2016

Applicant provided sufficient documentary and narrative evidence to show that the delinquent debts he acquired after receiving a bankruptcy discharge were uniquely amassed and have been brought under control. Financial consideration security concerns are mitigated. Clearance is granted. CASE NO.: 14-04925.hi


Criminal Conduct; Alcohol Consumption

03/31/2016

Between 1996 and 2014, Applicant was arrested and/or ticketed 30 times for various crimes, four of which were felonies. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the facts proven by the written record concerning his history of excessive alcohol consumption and criminal conduct. Accordingly, this case is decided against Applicant. Clearance is denied. CASE NO: 14-04815.h1


Foreign Influence

03/31/2016

Applicant's brother and sister are citizens and residents of India. He has a small bank account in India, and owns land and an apartment in India. He has mitigated the foreign influence concerns. Clearance is granted. CASE NO: 14-03278.h1


Handling of Protected Information; Personal Conduct

03/31/2016

The amount of time that has elapsed since Applicant's last security violation, in tandem with his rehabilitation outweigh the nature and seriousness of the conduct. Applicant has mitigated the security concerns. Clearance is granted. CASE NO: 14-02993.h1


Financial

03/31/2016

Applicant failed to mitigate the security concerns raised by his nearly $17,000 in delinquent debt, none of which had been addressed. Clearance denied. CASE NO: 14-02772.h1


Financial

03/31/2016

Applicant has largely taken a hands-off approach to his finances, allowing his cohabitant girlfriend to pay their bills. After three credit-card judgments were entered against him totaling $12,925 and another credit-card account was charged off for $1,949, he contacted his creditors and began repayment in December 2014. He has satisfied a $1,919 judgment and paid another $2,025 toward his other delinquencies. However, concerns about his financial judgment persist because of his lack of knowledge and involvement in his finances. He has yet to establish a sufficient track record of delinquent debt payment. Clearance is denied. CASE NO: 14-02605.h1


Financial

03/31/2016

Applicant defaulted on mortgage and home-improvement loans after he relocated for his employment. The loans were satisfied through a sale of the home in late March 2015. Clearance is granted. CASE NO: 14-02348.h1


Foreign Influence

03/31/2016

Applicant mitigated security concerns raised by his relatives living in Iran through his deep roots in the United States and long track record of security conscientiousness, including rejecting and reporting on a lucrative business offer potentially involving the illicit sale of certain material to Iran. Clearance is granted. CASE NO: 12-11506.h1


Financial

03/31/2016

Applicant has paid, is paying, or is in the process of resolving all of his SOR debts. His wife incurred substantial debts following a mental breakdown while he was deployed overseas and was unable or unwilling to pay those debts. Clearance is granted. CASE NO: 12-09598.h1


Financial

03/31/2016

Applicant has eight delinquent debts totaling $37,635. His financial problems began in 2009 after his interest-free mortgage payments ended and he was unable to afford his payments. Although he was able to refinance through the Home Affordable Refinance Program, his credit suffered considerably in the interim. Applicant has enrolled in a debt consolidation program and is making a good-faith effort to resolve his debts. Clearance is granted. CASE NO: 12-09005.h1


Financial

03/31/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 12-06943.h1


Financial

03/30/2016

Applicant – an honorably discharged Air Force veteran who was in the Personnel Reliability Program – failed to fully appreciate the requirements to timely file his federal income tax returns for the tax years 2004 through 2009 or to make timely payments or enter into installment agreements with the IRS pertaining to the repayment of unpaid taxes. The IRS filed substitute income tax returns for him for 2004 through 2007, and two federal tax liens were filed against him in 2010. He embraced sobriety. He faced his fears and addressed his financial mess. Income tax returns were filed, an installment agreement was agreed to, and payments were made. Income tax returns for the tax years 2010 and the ensuing years have all been filed timely. The tax liens were released. Applicant did not wait for an SOR to motivate his actions. He had already resolved one tax lien, the larger of the two, well before the SOR was issued. Applicant has an outstanding reputation in the workplace. There are clear indications that Applicant's financial problems are under control. His actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 15-02097.h1


Financial

03/30/2016

Applicant's evidence is insufficient to show that he has a track record of financial responsibility and that his financial problems are under control. He failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-01746.h1


Financial

03/30/2016

Applicant responded positively to the request of his wheelchair-bound disabled older sister in 2006 that he co-sign on educational loans for what he was told were grants for disabled students. It was his intention to help her, but never to support her. He subsequently learned that the grants were actually loans. Applicant tried to persuade his sister to resolve her student loans, but she couldn't. The loans were churned and were placed into a default status. Different lenders and servicing agents entered the picture, making his credit reports reflect many more loans than there actually were. Eventually, his sister applied for discharge of her student loans under the federal Total and Permanent Disability (TPD) discharge program. Her application was granted, and the student loans were discharged, along with Applicant's responsibility under them. Applicant has no other delinquent accounts. There are clear indications that Applicant's financial problems are under control. His actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 15-01218.h1


Financial

03/30/2016

Although Applicant has filed for Chapter 13 bankruptcy protection to resolve the $65,500 in delinquent debt alleged in the Statement of Reasons, this is not enough to mitigate the security concerns raised by her history of financial problems. Accordingly, her eligibility to occupy a positon of trust is denied. CASE NO. 15-00525.h1


Financial

03/30/2016

Applicant has a significant outstanding judgment that he has yet to address. Clearance is denied. CASE NO: 14-06729.h1


Financial

03/30/2016

Applicant has sufficiently resolved his financial issues. Clearance is granted. CASE NO: 14-05567.h1


Foreign Influence

03/30/2016

Applicant has close and continuing connections with his Chinese parents and siblings. Clearance is denied. CASE NO: 14-04459.h1


Financial

03/30/2016

Applicant did not meet his burden of producing information that mitigates the security concerns about his past-due or delinquent debts. His request for access to classified information is denied. CASE NO: 14-03557.h1


Foreign Influence

03/30/2016

Applicant mitigated the security concerns raised by his $100,000 worth of property in India by demonstrating that the value of his Indian properties was dwarfed by his net worth in the U.S. and his roots in the U.S far outweighed his remaining roots in India. Clearance granted. CASE NO: 14-03419.h1


Financial

03/30/2016

Applicant has significant overdue debts, and the larger debts have not been resolved. No evidence was introduced to establish that Applicant's current financial status is stable and that she is able to resolve her past debts or stay current with her recent debts. Mitigation has not been shown. Clearance is denied. CASE NO: 14-02362.h1


Financial; Personal Conduct

03/30/2016

Applicant has unresolved financial problems, and he intentionally provided false information about his finances on his 2013 Questionnaire for National Security Positions. Clearance is denied. CASE NO: 14-02346.h1


Personal Conduct

03/30/2016

Applicant is a 36-year-old employee who is seeking to retain a security clearance. His inappropriate behavior in the workplace is mitigated by the passage of time without recurrence. He also provided sufficient evidence to rebut and explain that allegations that he made false and misleading statements during the security clearance process. Clearance is granted. CASE NO: 14-01992.h1


Financial

03/30/2016

Applicant has had a history of overdue debts, and evidence was introduced to show that the vast majority of the of the debts listed on the SOR had not been resolved or reduced. Mitigation has not been shown. Access to a sensitive position is denied. CASE NO: 14-00892.h1


Financial

03/30/2016

Applicant has filed both his federal and state tax returns, albeit late. He is also now current with his car loan. He attributes his financial tardiness to his wife's ill health and her resulting short-term unemployment. Clearance is granted. CASE NO: 12-10507.h1


Financial

03/29/2016

Applicant failed to mitigate the security concerns raised by his over $37,000 in delinquent debt, none of which had been addressed. Clearance denied. CASE NO: 15-01460.h1


Financial

03/29/2016

Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 15-00453.h1


Financial; Personal Conduct

03/29/2016

Applicant did not file timely federal or state income tax returns for several tax years. In 2010 and 2011, Applicant used an employer-sponsored credit card without authorization for personal purchases, including to aid a woman whom he suspected used some of his financial support for illegal drugs. Although Applicant paid his unauthorized credit charges, filed some of his delinquent returns, and is no longer associated with the woman whom he aided, financial and personal conduct concerns persist. Clearance is denied. CASE NO: 14-02833.h1


Financial

03/29/2016

Applicant did not provide sufficient evidence to mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 12-07001.h1


Financial

03/29/2016

Applicant is an honorably discharged U.S. Marine and Army National Guard veteran. Six months after accepting a new position, his wife was laid off from her job. She remained unemployed for one and one-half years. Finances became tight, and a variety of accounts became delinquent. In 2010, Applicant filed for bankruptcy under Chapter 13 of the U.S. Bankruptcy Code. The following year, Applicant's wife returned to work making a salary that was substantially more than she had previously made. Applicant cancelled the bankruptcy action and, instead, decided to handle his debts conventionally. He resolved a number of the non-SOR accounts and entered into repayment plans well before the SOR was issued. His student loans and his wife's student loans were consolidated and salvaged from the default status and placed into a forbearance status. They were not delinquent when the SOR were issued. A federal income tax lien involved insufficient income taxes withheld or paid during tax years 2010 and 2011, the period of Applicant's most significant financial difficulties. In June 2013 – nearly two and one-half years before the SOR was issued – Applicant sought a direct debit installment agreement with the IRS. Such an agreement was finally instituted in August 2013, and routine monthly payments were made. There are clear indications that Applicant's financial problems are under control. His actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 12-03934.h1


Case Number: 14-06981.h1
Financial

03/28/2016

Applicant's statement of reasons lists 19 debts totaling approximately $31,115. These debts have been ongoing since 2008. Applicant did not submit any mitigating evidence. Clearance is denied. CASE NO: 14-06981.h1


Financial

03/28/2016

Applicant has not mitigated the security concerns raised by his delinquent debts, even though they were discharged in a Chapter 7 bankruptcy. Clearance is denied. CASE NO: 15-01157.h1


Financial

03/28/2016

Applicant's statement of reasons lists ten debts totaling approximately $117,000. These debts have been ongoing since 2011. Applicant did not submit any mitigating evidence. Clearance is denied. CASE NO: 15-00275.h1


Guideline H

03/28/2016

The Appeal Board evaluates a Judge's language in light of the entirety of the Decision. The Judge's characterization of Applicant's conduct as "drug abuse" was not error. The Judge's finding about Applicant's having received training regarding the inconsistency between drug abuse and holding a clearance was a reasonable inference. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 15-00207.a1


Financial

03/28/2016

Applicant has 20 debts totaling $71,297. Her indebtedness has been ongoing since 2009. She provided no documentation that she has paid, attempted to pay, or otherwise resolved her debts. Eligibility for access to sensitive information is denied. CASE NO: 14-06047.h1


Guideline F

03/28/2016

There is no basis in the record to support a finding that Applicant submitted evidence that did not make it into the record. Applicant failed to rebut the presumption that the Judge considered all of the evidence. The Judge's findings are supported by substantial evidence. Adverse decision affirmed. CASE NO: 14-05486.a1


Financial

03/28/2016

Applicant did not meet his burden of producing information that mitigates the security concerns about his past-due or delinquent debts. His request for access to classified information is denied. CASE NO: 14-05337.h1


Drugs; Personal Conduct

03/28/2016

Applicant failed to present sufficient evidence to mitigate the Guideline E (personal conduct) security concerns. Clearance is denied. CASE NO: 14-05126.h1


Financial

03/28/2016

Applicant failed to mitigate the security concerns raised by her $78,000 in delinquent debt, none of which had been addressed. Clearance denied. CASE NO: 14-05088.h1


Financial

03/28/2016

Applicant failed to mitigate the security concerns raised by her $33,000 in delinquent debt, none of which had been addressed. Clearance denied. CASE NO: 14-04431.h1


Financial; Personal Conduct

03/28/2016

Applicant did not intentionally provide false information on 2010 and 2013 Questionnaires for National Security Positions, but he has unresolved financial problems. Clearance is denied. CASE NO: 14-03692.h1


Financial

03/28/2016

Applicant accrued three past-due debts: one with the mortgage lender on her rental property and two with her student loan lender. While Applicant's efforts to date in addressing his three debts are encouraging, too much uncertainty exits over the status of her $54,000 first mortgage to credit Applicant with mitigation of the Government's financial concerns. Financial concerns are not mitigated. Clearance is denied. CASE NO: 12-11714.h1


Finances, Personal Conduct

03/28/2016

Applicant has a delinquent mortgage loan for a property that is now in foreclosure. He also deliberately omitted the delinquent mortgage loan from his security clearance application. Clearance is denied. CASE NO. 12-10141.h1


Financial; Personal Conduct

03/28/2016

While there is insufficient evidence to conclude Applicant intentionally falsified his security clearance application answers regarding delinquent debts, his failure to provide documentary evidence regarding the status of and progress on his delinquent debts sustains financial considerations security concerns. Clearance is denied. CASE No.: 12-09893.h1


Alcohol Consumption, Drug Involvement, and Personal Conduct

03/28/2016

Applicant was the subject of five alcohol-related arrests and one arrest involving drug possession; two incidents of suspension from work due to alcohol use; substance abuse treatment resulting in diagnoses of alcohol abuser and alcohol dependent; use of marijuana over a period of many years, most recently between 2012 and 2014 while holding a security clearance; and failure to report recent alcohol-related arrests to his facility security officer. Clearance is denied. CASE NO: 12-08141.h1


Case Number: 14-06511.h1
Financial

03/25/2016

Applicant's statement of reasons lists six debts totaling $19,413. He has paid in full three of those debts and is making timely monthly payments on the remaining three debts. His financial difficulties stem from a reduction in income several years ago and unplanned family-related expenses. All debts have been resolved or are being resolved. Clearance is granted. CASE NO: 14-06511.h1


Foreign Influence; Foreign Preference

03/25/2016

Applicant did not mitigate the security concerns raised by his ties to family members who are citizens of and reside in Iran. He also did not mitigate the security concerns about his exercise of dual citizenship through his possession of a valid Iranian passport, which he obtained after becoming a naturalized citizen of the United States. Applicant's request for a security clearance is denied. CASE NO: 14-07045.h1


Financial

03/25/2016

Applicant did not meet her burden of producing information that mitigates the security concerns about her past-due or delinquent debts. Her request for access to classified information is denied. CASE NO: 14-06151.h1


Financial

03/25/2016

In about 2007 to 2008, Applicant fell victim to a scam wherein he let individuals who turned out to be criminals have access to his credit. He retained a debt-settlement company and began addressing his accounts long before the Statement of Reasons was issued in 2015. Financial considerations security concerns are mitigated. CASE NO: 14-05803.h1


Guideline F

03/25/2016

There is a rebuttable presumption that the Judge considered all the evidence. Once the the government has established its case the burden falls on the applicant to establish matters in mitigation. Adverse decision affirmed. CASE NO: 14-05488.a1


Guideline F

03/25/2016

The evidence and the Judge's findings show that: Applicant failed to pay his Federal and state income taxes for several years; he failed to file his tax returns for several years; during the time in question his income ranged from $189,000 to $245,000; during the time he claimed not to have funds to pay his taxes he paid expensive tuitions for his sons,; he paid his delinquent taxes in large part after receipt of the SOR. Also, his explanation for his failure to file was one undercut by other record evidence, such as Applicant's status as a retired E-9 with many years experience in filing tax returns; and that the record contains evidence of other, non-alleged, conduct such as his "strategic default" on his home mortgage that resulted in foreclosure. Favorable decision reversed. CASE NO: 14-05476.a1


Drugs; Personal Conduct

03/25/2016

Applicant illegally used marijuana between 2003 and 2009. He used marijuana after he was granted a security clearance in 2008. He falsified his 2008 security clearance application (SCA) to cover his drug-related criminal behavior. Applicant disclosed his marijuana use and his falsification in his 2010 and 2013 SCAs, and during three government interviews. There is no evidence of any further illegal drug use after 2009. Under the circumstances of this case, Applicant's use of marijuana and 2008 falsification do not raise questions about his current reliability, trustworthiness, judgment, ability to comply with the law, and to protect classified information. He mitigated the Guidelines H and E security concerns. Clearance is granted. CASE NO: 14-05395.h1


Foreign Preference, Foreign Influence

03/25/2016

Under the impression from her security office that obtaining Spanish citizenship to help obtain a family legacy in that country, where she was raised, was permissible, Applicant received a nominal share of family property. She is willing to relinquish that citizenship, the property, and a small bank account related to the home used to pay for its maintenance. In addition, her relationship with two younger cousins in Cuba is far outweighed by her family, career, and assets she has acquired in the United States over the past four decades. I find that Foreign Preference and Foreign Influence security concerns are mitigated. Clearance is granted. CASE No.: 14-02803.h1


Guideline F

03/25/2016

Applicant contends he did not know that he could object. He received written guidance prior to the Hearing which explained the procedures, including objections. The Judge explained the procedures, including objections, at the start of the hearing. At least twice before making a ruling the Judge asked Applicant if he objected. Both times he said he did not. Adverse decision affirmed. CASE NO: 12-11679.a1


Financial

03/25/2016

CASE NO: 12-10540.h1


Financial

03/25/2016

Applicant's unsecured nonpriority debts were discharged through Chapter 7 bankruptcy in 2010. The only remaining delinquent debt was a second mortgage loan, which she settled in November 2015. Financial considerations security concerns are mitigated. CASE NO: 12-10391.h1


Case Number: 14-06930.h1
Criminal Conduct; Personal Conduct

03/24/2016

In December 2012, the police arrested Applicant and charged him with (1) disorderly conduct with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so by recklessly handling, displaying or discharging a deadly weapon or dangerous instrument – a felony; and (2) threatening or intimidating by threatening or intimidating by word or conduct to cause physical injury to another person or serious damage to the property of another – a misdemeanor. Applicant spent the night in jail, and was released the following afternoon. On the first workday following his arrest, Applicant informed his supervisor what had occurred. When Applicant went before the judge one day later, prior to an arraignment, he was informed that no complaints had been filed, and the charges were dismissed. The licensed weapon was released to Applicant. Applicant's actions under the circumstances confronting him do not cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 14-06930.h1


Financial

03/24/2016

Applicant paid off his secured real estate loans, including the judgment debt of concern, after his county government bought his home in an eminent domain proceeding. Resulting security concerns were mitigated. Eligibility for access to classified information is granted. CASE NO: 15-01782.h1


Financial

03/24/2016

Applicant defaulted on approximately $70,000 in student-loan debt for his undergraduate education in part because he helped his mother pay the mortgage on her home. Applicant made good-faith efforts toward rehabilitating his student loans in recent years. Clearance is granted. CASE NO: 15-01392.h1


Financial

03/24/2016

Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 15-01295.h1


Finances

03/24/2016

While Applicant's financial records show some derogatory information, it does not reflect negatively on his current security worthiness. Clearance is granted. CASE NO. 14-07030.h1


Financial

03/24/2016

Applicant has not filed income tax returns for several years and does not show any intention to do so. Clearance is denied. CASE NO: 14-06337.h1


Financial

03/24/2016

Applicant has not sufficiently resolved his financial issues. Clearance is denied. CASE NO: 14-06131.h1


Foreign Influence

03/24/2016

Applicant has close and continuing ties of affinity to his spouse and children in the Philippines. He provides his immediate family with their sole means of support and visits regularly. He is active in their lives, provides financial support, is very knowledgeable about his children's individual goals and accomplishments, and has applied for U.S. citizenship on their behalf. Although Applicant stated that his retirement and financial accounts are in the United States, he has not provided documentation to show the extent of his U.S. assets. Alternatively, Applicant normally works and lives overseas, he returns to the Philippines during his time-off, his entire family is in the Philippines and he is their sole means of support. Clearance is denied. CASE NO: 14-06046.h1


Financial

03/24/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 14-05115.h1


Financial

03/24/2016

Applicant's financial problems are long-standing and reoccurring. Applicant has a history of filing bankruptcy to discharge or reduce payments on delinquent debts. Although many of her debts have become delinquent due to job loss or underemployment, Applicant has not acted responsibly despite receiving a Chapter 7 bankruptcy discharge in 2004, and a payment plan in a Chapter 13 bankruptcy filed a year later. Applicant now claims to be filing another Chapter 7 bankruptcy. She has not established a consistent record of sound financial management before or after past bankruptcy filings. There is insufficient evidence to show that her financial problems are being resolved or under control. Public trust determination is denied. CASE NO: 14-04174.h1


Financial

03/23/2016

Applicant remains indebted on 12 delinquent accounts n the total approximate amount of $30,983. Resulting security concerns were not mitigated. Based on a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 15-01775.h1


Financial

03/23/2016

Applicant has $130,000 in unresolved delinquent debt. Clearance is denied. CASE NO. 14-06527.h1


Financial

03/23/2016

Applicant failed to mitigate the security concerns raised by his $30,000 in delinquent debt, none of which had been addressed. Clearance denied. CASE NO: 14-03475.h1


Financial

03/23/2016

Applicant has an unpaid $14,000 judgment outstanding since July 2012. He also deliberately omitted the judgment from his December 2013 application for a position of public trust. Applicant's eligibility to occupy a position of trust is denied. CASE NO. 14-02754.h1


Alcohol; Personal Conduct

03/23/2016

Applicant abused alcohol on occasion from approximately 1985 to October 2015 and was convicted of drunk-driving offenses committed in August 1999 and March 2008. His continued consumption, albeit reportedly in controlled fashion, poses an unacceptable risk of relapse, given he has been diagnosed and treated for alcohol dependence. During his 2011 subject interview, Applicant refused to sign a requested release for medical records and was not forthcoming about then recent alcohol treatment. Clearance is denied. CASE NO: 14-00978.h1


Financial

03/23/2016

Applicant had eight delinquent accounts of which she resolved the largest. The remaining obligations total less than $2,000. She has rebutted or mitigated the public trust concerns under Guideline F, financial considerations. Eligibility for a public trust position is granted. CASE NO: 12-06126.h1


Foreign Influence

03/22/2016

Applicant, a linguist supporting U.S. Armed Forces in Afghanistan, has mitigated the security concern raised by his family ties to Afghanistan. Clearance is granted. CASE NO: 14-05793.h1


Guideline F

03/21/2016

Applicant assertion about his testimony concerning a written budget is unconvincing. Department Counsel asked him if he had a written budget for his household, and he answered "no." There was no suggestion that the subject under discussion was a budget as a hearing exhibit. The context of the other questions asked in that dialogue does not support his argument. The question that immediately preceded the one at issue was "Does your wife currently work?" The Judge's finding is sustainable. Adverse decision affirmed. CASE NO: 14-04802.a1


Foreign Preference; Foreign Influence

03/21/2016

Applicant is a dual citizen of his native Israel and the United States, who renewed his Israeli passport in April 2012 despite his longtime U.S. residency and citizenship. The security concerns raised by his renewal and use of his Israeli passport are mitigated by his surrender of that passport in August 2013. Applicant maintains close ties to his children, sister, and some friends in Israel. The foreign influence concerns are not fully mitigated. Clearance is denied. CASE NO: 14-04735.h1


Guideline F; Guideline E

03/21/2016

Applicant requests that we grant him a 30 day extension in which to obtain additional evidence. Our scope of review is limited to the issues outlined in Directive ¶ E3.1.32. We have no authority to grant an applicant an extension for the purpose of obtaining more evidence. Adverse decision affirmed. CASE NO: 14-04281.a1


Foreign Influence

03/21/2016

A 29-year-old employee, Applicant was born in India and lived there until 2005, when at the age of 19 he immigrated to the United States. He became a naturalized U.S. citizen in 2012. He met his burden to present sufficient evidence to explain and mitigate the foreign influence security concern stemming from his family ties to India. Clearance is granted. CASE NO: 14-03196.h1


Guideline F

03/21/2016

Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed. CASE NO: 14-02158.a1


Guideline F

03/21/2016

The Board does not review a case de novo. The Appeal Board's authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Applicant has not made an allegation of harmful error on the part of the Judge. Adverse decision AFFIRMED. CASE NO: 12-10934.a1


Financial; Criminal Conduct; Personal Conduct

03/18/2016

Applicant has not mitigated the security concerns raised by his delinquent debts. His misdemeanor arrests and personal conduct are related to his delinquent debts and are not mitigated. Clearance is denied. CASE NO: 15-01104.h1


Drugs

03/18/2016

Applicant is a 57-year-old employee who is seeking to retain a security clearance. He used marijuana on a periodic basis for decades, although there were periods of abstinence or rare use. His periodic marijuana use continued after being granted a security clearance. His last use of marijuana was in August 2015. Although his recent period of abstinence is commendable, he did not meet his burden of proof to show that he has made a firm commitment to a drug-free lifestyle. Eligibility is denied. CASE NO: 15-00802.h1


Financial

03/18/2016

Applicant has a history of failing to file Federal income tax returns. He failed to provide evidence to mitigate the resulting financial security concerns or establish a track record of responsibly managing his tax obligations. Based upon a review of the pleadings and exhibits, eligibility for access to classified information is denied. CASE NO: 14-05522.h1


Drugs; Personal Conduct

03/18/2016

Applicant illegally used and purchased controlled substances, primarily marijuana, between December 2007 and February 2013. He declined to reveal the identities of the persons with whom he used drugs or from whom he bought drugs, knowing that a failure to fully cooperate could negatively affect his security clearance. He does not currently intend to abuse any drug in the future, but he risks his abstinence by continuing to be in the presence of friends and roommates when they are smoking marijuana. Clearance is denied. CASE NO: 14-05244.h1


Financial

03/18/2016

Applicant failed to mitigate the security concerns raised by his financial delinquencies. Clearance is denied. CASE NO: 14-04791.h1


Financial

03/18/2016

Applicant has not mitigated the security concerns under financial considerations. He did not timely file his federal or state tax returns from 2007 through 2014. Eligibility for a security clearance is denied. CASE NO: 14-04752.h1


Financial

03/18/2016

Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 14-04596.h1


Financial

03/18/2016

Given that Applicant has satisfied all of the debts alleged in the Statement of Reasons (SOR), I conclude that there are no longer any security concerns about his financial stability. Clearance is granted. CASE NO: 14-03726.h1


Alcohol; Drugs; Criminal Conduct

03/18/2016

Applicant was unable to mitigate alcohol consumption concerns raised by numerous alcohol-related incidents including an arrest for driving under the influence and an alcohol rehabilitation failure. Drug involvement and criminal conduct concerns were mitigated. Clearance is denied. CASE NO: 14-02599.h1


Personal Conduct

03/18/2016

Numerous convictions and investigative falsifications through late 2013 overwhelm Applicant's attempt to mitigate security concerns based mainly on his fear of limiting his job prospects or losing his job. I find that Personal Conduct concerns are not mitigated. Eligibility to occupy an automated data processing is denied. CASE No.: 14-02522.h1


Financial

03/18/2016

The debts alleged in the Statement of Reasons remain unresolved. Furthermore, Applicant has not presented evidence to show that he has changed the financial practices that caused his financial problems. Clearance is denied. CASE NO. 14-02371.h1


Alcohol; Criminal Conduct; Personal Conduct

03/18/2016

Applicant has a history of unmitigated alcohol abuse and alcohol-related criminal misconduct. Moreover, he deliberately falsified his 2012 security clearance application to hide his alcohol-related criminal misconduct and employment termination. Criminal conduct, alcohol consumption, and personal conduct security concerns are not mitigated. Access to classified information is denied. CASE NO: 14-01505.h1


Financial

03/18/2016

Applicant's initial financial problems occurred as a result of poor timing when he purchased his wife's dream home during a period when the housing market seemed robust and healthy. The national economy and the associated housing market collapsed shortly thereafter. Monthly adjustable rate mortgage payments increased repeatedly, and the rents he received were less than his mortgage obligations. That period of personal financial devastation was largely beyond his control. Following the guidance of an attorney, Applicant filed for bankruptcy protection under Chapter 13, essentially to forestall foreclosure proceedings, but the three filings were unsuccessful and the cases were dismissed. Complying with his attorney's continuing guidance, Applicant did not make his normal monthly payments on various accounts, causing them to become delinquent. He fell behind in his monthly mortgage payments and federal and state income tax payments. Two residences were lost to foreclosure. Other accounts became delinquent and they were placed for collection. Applicant has already resolved, or is in the process of resolving all but two of his delinquent accounts. Applicant's financial status has improved significantly, and his financial problems are finally under control. He acted prudently and responsibly with the assistance of attorneys. Applicant's actions, under the circumstances confronting him, do not cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is granted. CASE NO: 12-10665.h1


Case Number: 14-06772.h1
Financial

03/17/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 14-06772.h1


Financial

03/17/2016

Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 15-02019.h1


Financial

03/17/2016

Applicant is 57 years old and employed as a driver by a defense contractor. Applicant's failure to file his Federal and state income tax returns for tax years 2010 and 2011 and has not provided proof that he has paid his back taxes owed. Clearance is denied. CASE NO: 15-01830.h1


Financial

03/17/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00406.h1


Financial

03/17/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 15-00027.h1


Financial

03/17/2016

Applicant paid four of the six delinquent debts alleged in the Statement of Reasons. He credibly testified that he is committed to paying the remaining two debts. Financial considerations security concerns are mitigated. CASE NO: 14-07016.h1


Financial

03/17/2016

Applicant's financial problems were largely caused by circumstances beyond her control. In response, she has meticulously identified delinquent debts and developed payment plans consistent with her budget. Under these circumstances, I conclude that she has mitigated the security concern. Clearance is granted. CASE NO: 14-06905.h1


Guideline F

03/17/2016

Applicant failed to rebut the presumption that the Judge considered all of the evidence in the record. Applicant's argument is not sufficient to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-05357.a1


Financial; Personal Conduct

03/17/2016

Applicant is a 39-year-old owner of a company that contracts with the Department of Defense. He is alleged to be indebted to two creditors in the approximate amount of $55,451. The debts, which were caused by circumstances beyond his control, are now resolved. He has completed financial counseling. Additionally, security concerns were raised because Applicant failed to disclose his debt and foreclosure on his electronic Security Clearance Application (e-QIP). The omissions were unintentional. Eligibility for access to classified information is granted. CASE NO: 14-04302.h1


Financial; Personal Conduct

03/17/2016

Applicant is 39 years old and employed as a janitor by a defense contractor. His history of excessive indebtedness has not been mitigated by sufficient of reform and rehabilitation. Applicant deliberately failed to reveal his financial history and his police record on his security clearance. Clearance is denied. CASE NO: 14-04290.h1


Guideline F

03/17/2016

The Appeal Board gives deference to a Judge's credibility determination. Applicant failed to rebut the presumption that the Judge considered all of the evidence in the record. A Judge need not reject a witness's testimony due to a lack of corroboration. However, such a lack may be relevant in evaluating the testimony. Adverse decision affirmed. CASE NO: 14-03836.a1


Financial

03/17/2016

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 12-10944.h1


Financial

03/17/2016

Applicant is 45 years old and employed as a Secretary/Administrative Assistant by a defense contractor. Applicant purchased a condo with an adjustable rate loan with the intent to refinance the loan before it adjusted, as she could not afford the loan when it adjusted. The lender would not allow Applicant to refinance or short sale the property. The property was ultimately foreclosed upon. Applicant's credit report reveals that she may owe the lender $49,490 on second which is the equity line of credit. Applicant has requested that the lender provide her with a letter verifying the loan payoff agreement, if any. Applicant contends tha the sale of the house was collateral for the loan payoff. Applicant has made a good faith effort to resolve the debt. Clearance is granted. CASE NO: 12-06544.h1


Financial

03/17/2016

Applicant established financial responsibility by paying some of his delinquent debts, although not the two debts alleged in the SOR. Clearance granted. CASE NO: 12-02091.h1


Case Number: 14-06206.h1
Financial; Personal Conduct

03/15/2016

Applicant was hired to work in Afghanistan in August 2010. He chose not to have income tax withheld from his earnings. During 2012, while he was home nursing an injured knee, he took no steps to pay his income taxes for 2010, 2011, or 2012. He quit his job in October 2012 and remained unemployed until August 2013. He owes the IRS $34,000, and he has ignored another debt for $833. Applicant attributed his unemployment status and the federal sequestration and furloughs for his inability to generate better employment and a larger salary. He claims that he has an installment plan with the IRS. He also contends that his income tax refunds from his filings for 2013 and 2014 were applied to his delinquent taxes. He failed to submit any documentation to support his contentions. In the absence of any current information pertaining to his monthly income, expenses, and available funds for discretionary savings or spending, it is impossible to determine the current state of his financial affairs. Applicant's actions under the circumstances confronting him cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for a security clearance is denied. CASE NO: 14-06206.h1


Financial

03/15/2016

Applicant's evidence is insufficient to show that he has a track record of financial responsibility and that his financial problems are under control. He failed to mitigate the Guideline F (financial considerations) security concerns. Clearance is denied. CASE NO: 15-01777.h1


Financial

03/15/2016

Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 15-01276.h1


Financial; Personal Conduct

03/15/2016

Applicant mitigated security concerns raised by personal conduct allegations, but he did not mitigate concerns raised by his financial issues. He accumulated a significant amount of delinquent debt after receiving a Chapter 7 bankruptcy discharge over 10 years ago. He has not responsibly addressed his past-due debts, nor taken control of his financial situation. Applicant's financial issues continue to raise a security concern. Clearance is denied. CASE NO: 15-01057.h1


Financial

03/15/2016

Applicant's statement of reasons (SOR) alleges discharge of her nonpriority unsecured debts in October 2007 through Chapter 7 of the Bankruptcy Code, and 19 delinquent debts totaling $22,648. Applicant's delinquent debts were the result of limited income while on short-term disability and her serious medical problems. She paid four SOR debts, and five SOR debts are in payment plans. Five SOR debts do not have payment plans and remain unresolved. The balance owed on her SOR debts is $16,799. Several non-SOR debts are paid or are in current payment plans. She is communicating with her creditors, and has assured she intends to pay her debts. While additional sustained financial effort is necessary, she has established a track record of debt payment and resolution. Financial considerations security concerns are mitigated. Access to classified information is granted. CASE NO: 15-00820.h1


Financial

03/15/2016

Between 2010 and 2014 Applicant accumulated 12 delinquent debts, totaling over $23,000. She did not present sufficient evidence to prove that they are resolved and that her current financial situation is stable. 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: 15-00445.h1


Personal Conduct

03/15/2016

Applicant's statement of reasons alleges and the record establishes that Applicant used marijuana on about 10 occasions in early 2007. He intentionally failed to provide accurate information about his illegal drug use on his February 24, 2011 Questionnaire for National Security Positions or security clearance application. Personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-00014.h1


Foreign Preference

03/15/2016

Applicant is a dual citizen of his native United Kingdom and the United States, who retained his U.K. passport after becoming a naturalized U.S. citizen in August 2013. He earned pensions in the U.K. and contributed to the U.K. social security system before he moved to the United States. The foreign preference concerns are mitigated by Applicant's surrender of his U.K. passport to his facility security office for the duration of his employment. His future pension interests are not currently disqualifying in the absence of active steps on his part to protect those pensions. Clearance is granted. CASE NO: 14-07031.h1


Financial

03/15/2016

Applicant has mitigated the security concerns under the financial considerations guideline. She presented sufficient information to show that the late filing of her federal and state tax returns were beyond her control. The taxes have been filed. Clearance is granted. CASE NO: 14-06754.h1


Financial; Personal Conduct

03/15/2016

Applicant's evidence is insufficient to show that he has a track record of financial responsibility. Furthermore, he deliberately falsified his 2014 security clearance application. He failed to mitigate the Guideline F (financial considerations) and Guideline E (personal conduct) security concerns. Clearance is denied. CASE NO: 14-05492.h1


Financial

03/15/2016

Applicant established a track record of financial responsibility. He mitigated the Guideline F security concerns. Clearance granted. CASE NO: 14-05177.h1


Financial

03/15/2016

Applicant mitigated the security concerns raised by his financial delinquencies. Clearance is granted. CASE NO: 14-02663.h1


Financial

03/15/2016

Applicant's statement of reasons (SOR) includes allegations of four delinquent debts, a state tax lien, and unpaid student loans. He failed to make sufficient progress resolving his SOR debts. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 12-10564.h1


Financial

03/15/2016

Applicant's finances are currently sound. Financial considerations security concerns are mitigated. CASE NO: 12-10432.h1


Financial

03/15/2016

Applicant mitigated the security concerns raised by her financial delinquencies. Clearance is granted. CASE NO: 12-10260.h1


Financial; Personal Conduct

03/15/2016

Applicant is a 46-year-old employee who is seeking to obtain a security clearance. He presented sufficient evidence to explain and mitigate the concern stemming from a spousal-support arrearage. He also presented sufficient information to establish that he did not deliberately omit that he had a security clearance revoked in 2005, when he submitted his most recent security clearance application in 2012. CASE NO: 12-08830.h1


Drugs; Personal Conduct

03/10/2016

Applicant is a technician for a defense contractor with a security clearance between 2002 and 2012 and presumably aware of the DOD's anti-drug policy who used illegal drugs and non-prescribed prescription drugs over a number of years. With less than three years elapsed since his last reported use of illegal and non-prescribed drugs and no evidence to make positive whole-person assessments, it is too early to discount recurrence risks. Applicant's involvement with illegal drugs and non-prescribed drugs is not mitigated. Clearance is denied. CASE NO: 15-01840.h1


Drugs; Personal Conduct

03/10/2016

Applicant used marijuana four to five times while holding a security clearance. Shortly after using marijuana, he failed to list his marijuana use when completing a security clearance application. Realizing his mistake, Applicant promptly reported his marijuana use and failure to list his marijuana use. Applicant has disassociated himself from anyone using marijuana, has not used marijuana for four years, and submitted a statement of intent with automatic revocation of clearance for any drug violation. Clearance is granted. CASE NO: 15-00628.h1


Financial

03/10/2016

Applicant has not mitigated the security concerns raised by his failure to timely file his federal income tax returns and pay the taxes due for several years. Clearance is denied. CASE NO: 14-05879.h1


Financial

03/10/2016

Applicant incurred significant delinquent debt during the past five years, and failed to file or pay Federal income taxes as required. He repaid some debts, but fell more than $33,000 behind on his home mortgage while doing so. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-04653.h1


Financial

03/10/2016

Applicant defaulted in his payments on some credit-card accounts, cable and phone accounts, and two student loans because of insufficient income and child-support obligations. He has made little progress toward resolving his $39,152 in past-due debt. Clearance is denied. CASE NO: 14-02941.h1


Financial

03/10/2016

Applicant established a track record of financial responsibility. She mitigated the Guideline F security concerns. Clearance granted. CASE NO: 14-01531.h1


Guideline F; Guideline E

03/09/2016

When evaluating the deliberate nature of an applicant's omissions a Judge consider the applicant's mens rea in light of the entirety of the record evidence. Adverse decision affirmed. CASE NO: 15-01070.a1


Financial

03/09/2016

Applicant owes more than $12,000 in unresolved medical debts that she incurred between 2009 and 2014. She did not provide sufficient evidence that she is resolving the debts. 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: 15-00821.h1


Foreign Influence; Foreign Preference

03/09/2016

Applicant's ownership of two properties in Mexico does not generate a foreign influence security concern. Although Applicant's vote in a Mexican election after becoming a U.S. citizen was an exercise of foreign preference, it no longer poses a security concern given the amount of time that has elapsed since the vote. Applicant has mitigated the security concern. Clearance is granted. CASE NO: 14-06096.h1


Financial

03/09/2016

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 14-05866.h1


Guideline G

03/09/2016

Disagreement with a Judge's decision does not constitute a prima facie showing of bias. Adverse decision affirmed. CASE NO: 14-05022.a1


Guideline F; Guideline E

03/09/2016

A party's disagreement with the Judge's weighing of the evidence, or an ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-04939.a1


Financial

03/09/2016

Applicant failed to mitigate the security concerns raised by his delinquent child support and delinquent education loan, neither of which had been resolved. Clearance denied. CASE NO: 14-04935.h1


Personal Conduct

03/09/2016

Applicant has not mitigated the security concerns raised by his inappropriate conduct with female coworkers. CASE NO: 14-04324.h1


Financial

03/09/2016

Applicant has now filed the 2011 and 2012, Federal and state, income tax returns in question. He has received a substantial refund. Clearance is granted. CASE NO: 14-03182.h1


Financial

03/09/2016

Applicant's financial problems were not caused by irresponsible, reckless, or negligent behavior. She has demonstrated a good-faith effort to resolve her delinquent student loan accounts and provided a legitimate basis for disputing the medical debts alleged in the SOR. Her eligibility for access to sensitive information is granted. CASE NO. 14-02910.h1


Criminal; Drug Involvement; Alcohol; Personal Conduct

03/09/2016

Applicant, with the passage of time, has mitigated his 2011 alcohol and drug related arrest. However, he was not candid about his past drug usage on his 2013 e-QIP. Clearance is denied. CASE NO: 14-02790.h1


Financial

03/09/2016

Applicant is 50 years old and employed as an Electronic Technician. His history of excessive indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 12-12149.h1


Financial

3/08/2016

Applicant had two overdue debts, the largest one as a result of her house being foreclosed after she and her husband separated. Despite the fact that he continued to live in the house after she moved out, he stopped paying the mortgage and he would not agree with her to sell the house. According to the credit reports, the debt for the mortgage is no longer owed, and Applicant is making payments to resolve the other overdue debt. Her financial situation is stable, and she is not overdue with any of her current financial obligations. Mitigation has been shown. Clearance is granted. CASE NO: 15-00201.h1


Criminal Conduct; Personal Conduct; Financial

03/08/2016

Applicant failed to mitigate the security concerns raised by his criminal conduct and personal conduct. He also did not mitigate the security concerns raised by his unresolved financial problems. His request for a security clearance is denied. CASE NO: 14-06321.h1


Financial

03/08/2016

Applicant has significant overdue debts, and no evidence was introduced to show that they had been resolved or reduced. Also, Applicant failed to file his Federal tax returns for tax years 2009 through 2012, and no evidence was introduced to show that he has now filed the returns or made any other arrangements with the Internal Revenue Service to resolve this issue. Mitigation has not been shown. Clearance is denied. CASE NO: 14-05839.h1


Financial

03/08/2016

Applicant owns and operates a small defense contractor. He incurred federal and state tax liabilities, along with two small personal debts. All debts listed in the SOR were paid or are being resolved with installment payment agreements. Applicant mitigated the financial considerations security concern. Eligibility for a clearance is granted. CASE NO: 14-05407.h1


Drugs; Personal Conduct

03/08/2016

Applicant used marijuana for almost 40 years, during ten of which he held a security clearance. He falsified information concerning his drug abuse on security clearance applications in 2003 and 2014. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 14-02975.h1


Drugs

03/08/2016

Applicant has infrequently used marijuana for more than 30 years, including while holding a security clearance since 2008