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2018 Industrial Security Clearance Decisions

 

These 1947 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 2019

Alcohol consumption; Criminal conduct

12/31/2018

Applicant committed four alcohol-related offenses between March 1991 and March 2016. Following his last offense in 2016, he self- referred himself to alcohol counseling and reduced his drinking to occasional levels. Since January 2018, he has abstained from alcohol. Alcohol and criminal conduct concerns are mitigated. Clearance is granted. CASE NO: 18-00049.h1


Criminal Conduct; Personal Conduct

12/31/2018

During domestic-violence incidents involving his wife and his fiancée, Applicant was the passive individual, not the aggressor. He called for police assistance. Applicant denied he was the aggressor, and he was supported on one occasion by witness statements by his two sons, and he was eventually absolved of all charges by withdrawal of the charges or dismissal of the charges. Two restraining orders were both withdrawn or cancelled. On at least one occasion, the court admonished Applicant’s wife for abusing the system. His fiancée acknowledged that she was the aggressor during her incident with Applicant. Applicant’s actions under the circumstances do not cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility to occupy a position of public trust is granted. CASE NO: 17-03039.h1


Financial

12/28/2018

Applicant did not mitigate the security concerns alleged in the SOR including failure to timely file federal income tax returns. Applicant’s eligibility for a security clearance is denied. CASE NO: 17-02794.h1


Personal Conduct, Financial

12/28/2018

Applicant mitigated the personal conduct concerns, but the financial considerations concerns remain. Applicant failed to timely file his federal and state income tax returns and timely pay his income taxes, as required, for seven of the last eight years. He also failed to resolve his delinquent accounts. Applicant’s request for access to classified information is denied. CASE NO: 16-03549.h1


Financial; Personal Conduct

12/27/2018

Applicant has refuted the allegations that she falsified her security clearance application, but she has not mitigated the security concerns raised by her delinquent debts and failures to timely file federal and state income tax returns. CASE NO: 18-01150.h1


Personal Conduct

12/27/2018

Applicant mitigated the concerns raised by an investigation into her travel and time reporting by her former employer. Clearance is granted. CASE NO: 17-04160.h1


Foreign Influence

12/27/2018

Applicant has mitigated the concerns related to foreign influence raised by the presence of his parents-in-law in Syria. His request for national security eligibility and a security clearance is granted. CASE NO: 17-03880.h1


Foreign Influence; Personal Conduct

12/27/2018

Applicant failed to mitigate foreign influence and personal conduct security concerns relating to his connections to Iraq and his termination from his linguist position in Iraq for misconduct. Eligibility for access to classified information is denied. CASE NO: 17-03265.h1


Alcohol Consumption

12/27/2018

Applicant mitigated the alcohol consumption security concerns after repeated DUI offenses while he was in the military. Access to classified information is granted. CASE NO: 17-02962.h1


Personal Conduct, Information Technology, Foreign Influence

12/27/2018

Applicant did not mitigate the personal conduct, use of information technology, and foreign influence security concerns. Eligibility for access to classified information is denied. CASE NO: 16-03472.h1


Drugs; Personal Conduct

12/26/2018

Applicant was counseled approximately 40 times between January 2012 and March 2017 in the U.S. military for failure to comply with a lawful order and tardiness. He used marijuana with a state-issued medical marijuana card approximately five times in June 2017 and tested positive for marijuana in a drug screen in July 2017. Applicant improved his military conduct over time to conform his duty performance to expectations, and he has not had misconduct issues in his present job. He destroyed his medical marijuana card and intends to refrain from any involvement with marijuana in the future. Clearance is granted. CASE NO: 18-00541.h1


Financial

12/26/2018

Although Applicant has made some progress in satisfying his delinquent debts, it is too soon to conclude he has mitigated the financial considerations security concern given the amount of delinquencies that remain outstanding. Clearance is denied. CASE NO: 18-00521.h1


Financial

12/26/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 18-00505.h1


Drugs

12/26/2018

Applicant smoked marijuana to alleviate her pain in October 2015. She credibly testified that she will not use any illegal drugs, including marijuana for pain management, in the future. Clearance is granted. CASE NO: 18-00093.h1


Financial

12/26/2018

Applicant defaulted on approximately $22,379 in Federal student loans, $13,163 in state university debts, and a $116 medical debt. The medical debt and state university debts have been fully satisfied. He made $200 monthly payments toward his Federal student loans for over a year before formally entering a loan-rehabilitation program in July 2018. A conditional security clearance is granted. CASE NO: 17-03895.h1


Financial

12/26/2018

Applicant has a significant Federal tax lien that she has yet to address. National security eligibility is denied. CASE NO: 17-03627.h1


Financial

12/26/2018

Applicant has not mitigated the security concerns raised by his federal tax debt and failure to timely file his 2016 income tax return. CASE NO: 17-03575.h1


Financial; Foreign Influence

12/26/2018

Although Applicant has little contact with his foreign siblings and in-laws, he has significant past-due indebtedness, and a tax lien, that he has yet to address. National security eligibility is denied. CASE NO: 17-02527.h1


Drugs

12/26/2018

Applicant has not mitigated the concerns related to his drug involvement and substance misuse. His request for national security eligibility and a security clearance is denied. CASE NO: 17-02438.h1


Alcohol, Criminal Conduct

12/26/2018

Applicant mitigated the security concerns raised by his history of alcohol consumption and alcohol-related charges and arrests. Eligibility for access to classified information is granted. CASE NO: 17-01496.h1


Financial

12/26/2018

Applicant has unfiled Federal income tax returns, and significant past-due indebtedness that he has yet to address. National security eligibility is denied. CASE NO: 17-01056.h1


Financial

12/21/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 18-01088.h1


Drugs

12/21/2018

Applicant mitigated the drug involvement and substance misuse security concerns. Based upon a review of the pleadings and exhibits, national security eligibility is granted. CASE NO: 18-00413.h1


Employee Misconduct; Material False Statements

12/21/2018

Applicant mitigated the employee misconduct and material false statements concerns. CAC eligibility is granted. CASE NO: 17-04078.h1


Financial

12/21/2018

Applicant failed to timely file his federal income tax returns for the tax years 2012 through 2015 until August 2018, well after the SOR was issued; failed to pay annual federal individual income taxes as required; and, as of August 2018, according to Applicant, he still owed the Internal Revenue Service $12,506 in unpaid taxes, interest, and penalties. Applicant contended that his failure to timely file his federal income tax returns was because he did not have sufficient funds to pay his taxes. Applicant’s adjusted gross income over a substantial period reveals that it was more than sufficient to make at least some modest payments well before the SOR was issued. Purchasing a Lexus seems to indicate there were some funds available to make those modest tax payments. Applicant’s actions, or inaction, under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility to occupy a position of public trust is denied. CASE NO: 17-03894.h1


Personal Conduct, Financial

12/21/2018

Applicant failed to mitigate the security concerns under Guideline E, personal conduct, and Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03801.h1


Financial

12/21/2018

Applicant had student loans and 26 other delinquent obligations, which totaled in excess of $83,000 in delinquent financial obligations. Her student loan debt was paid through garnishment. After the garnishment of her wages ended, she has documented payment of $3,600 on the SOR debts. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-00729.h1


Financial

12/20/2018

Applicant has three delinquent accounts that had been placed for collection or charged off, totaling $56,139. He was previously the owner of a highly successful construction corporation with $1,000,000 in outstanding gross billings and approximately $175,000 in short-term liabilities. Faced with unanticipated business expenses caused by his two crooked partners, Applicant ignored bankruptcy and instead addressed his creditors. He generated funds by working on three jobs. He completed construction and renovation projects; paid off non-SOR creditors he was initially unaware of; satisfied one SOR account; negotiated settlements with the two SOR accounts he has with the dysfunctional bank; and sold a property that should resolve those two remaining accounts. With a current annual income of $110,000, cash in the bank, and no other delinquencies, Applicant’s efforts to restore fiscal stability have been remarkable. His financial situation is now under control. Applicant’s friends and colleagues describe him as a person of integrity who is trustworthy, honest, and loyal. Applicant’s actions with respect to his finances under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 18-01209.h1


Financial

12/20/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 18-00984.h1


Guideline F

12/20/2018

In his appeal brief, Applicant forwarded character reference letters that are not contained in the record. The Appeal Board cannot consider new evidence. Adverse decision affirmed. CASE NO: 18-00198.a1


Financial

12/20/2018

Applicant was convicted at a General Court-Martial for false official statements, larceny, and fraud. He failed to timely file his federal and state tax returns for four years. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-04259.h1


Financial

12/20/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-04166.h1


Financial

12/20/2018

Applicant presented sufficient information to mitigate the security concern stemming from his two Chapter 13 filings and his state and federal tax history. Eligibility granted. CASE NO: 17-01746.h1


Criminal Conduct; Alcohol; Drugs; Personal Conduct

12/20/2018

Applicant's history of alcohol abuse documented by his three alcohol-related incidents between June 2008 and July 2012 and his experimental marijuana use between 2008 and 2010, were mitigated by the passage of over four years without recurrence of alcohol-related incidents and over six years of drug abstinence, positive lifestyle changes supportive of sobriety, and assuming the responsibilities of marriage and parenthood. Clearance granted. CASE NO: 16-02202.h1


Financial

12/20/2018

Applicant failed to mitigate the security concerns raised by his $11,000 delinquent education loan debt, none of which had been resolved. Clearance denied. CASE NO: 16-00291.h1


Guideline F

12/19/2018

We examine a Judge’s rulings on motions, including those for continuances, for an abuse of discretion. Adverse decision affirmed. CASE NO: 18-00310.a1


Guideline F

12/19/2018

An applicant does not have to have paid off all of his debts in order to mitigate Guideline F concerns. However, an applicant must demonstrate a plan for debt payment, accompanied by concomitant conduct, that is, conduct that evidences a serious intent to resolve the debts. In this case, Applicant has expressed his hope and expectation that he can, in the future, either pay his student loans or at least have them deferred. However, he has not demonstrated an actual track record of payment on his student loans. To the contrary, he has, at best, promised to resolve these debts some time in the future, which is not sufficient. Favorable decision reversed. CASE NO: 17-00263.a1


Foreign Influence, Criminal, Personal Conduct

12/18/2018

Applicant worked as a linguist in Iraq in support of U.S. Armed Forces. He mitigated security concerns raised by his family members who are citizens and residents of Iraq. Applicant failed to mitigate security concerns raised by his 25 traffic citations and 18 warnings for driving offenses once he immigrated to the U.S. He did not intentionally falsify his security clearance application as alleged in the SOR. Clearance is denied. CASE NO: 18-01565.h1


Financial

12/18/2018

Applicant was alleged to have 17 delinquent debts totaling $27,247. Her debts were due to circumstances beyond her control. She is addressing them in a responsible manner and there is little likelihood that her financial problems will recur. Based upon a review of the pleadings and exhibits, national security eligibility is granted. CASE NO: 18-01342.h1


Financial

12/18/2018

Applicant mitigated the security concerns under the financial considerations guideline. He provided sufficient information showing that he is resolving delinquent debts resulting from a marital settlement agreement. Clearance is granted. CASE NO: 18-00230.h1


Foreign Influence; Personal Conduct

12/18/2018

Applicant worked under dangerous conditions as a linguist with the U.S. military in Iraq. He mitigated security concerns raised by his family members who are citizens and residents of Iraq. He did not intentionally provide false information on a Questionnaire for National Security Positions. Clearance is granted. CASE NO: 17-03974.h1


Guideline F

12/18/2018

Department Counsel emphasized the lack of supporting documentation for the payments reflected in the spreadsheet and stated that FRE 1006 “requires” the proponent to make the original writings/documents available to the opposing party for examination. As reflected above, FRE 1006 is clear that “[t]he originals . . . shall be made available for examination . . . .” [Emphasis added.] Contrary to the Judge’s conclusion, we interpret Department Counsel’s emails as a demand to examine the original documentation if the spreadsheet was to be used as a substitute form of proof of payments. Based on the foregoing, we conclude the Judge erred by failing to reopen the record to provide Department Counsel the opportunity to examine the original documentation and, thereafter, make appropriate objections and submissions. Favorable decision remanded. CASE NO: 17-03462.a1


Financial

12/18/2018

Applicant has addressed his past-due indebtedness, and has also addressed his Federal income tax concerns. National security eligibility is granted. CASE NO: 17-03005.h1


Foreign Influence

12/18/2018

Applicant’s foreign connections with Ukraine in the form of three siblings and his mother-in-law, are clearly outweighed by his connections and allegiance to the United States. Clearance is granted. CASE NO: 17-00504.h1


Financial

12/18/2018

Applicant has addressed all of his past-due indebtedness. National security eligibility is granted. CASE NO: 17-00114.h1


Criminal Conduct

12/17/2018

Applicant did not mitigate the criminal conduct security concerns alleged in the SOR. Eligibility for access to classified information is denied. CASE NO: 18-01351.h1


Drugs; Financial; Personal Conduct

12/17/2018

Applicant failed to mitigate the concerns raised by her continued marijuana use and delinquent debt. She did not intentionally falsify her Public Trust Position Applications. Based on a review of the pleadings and exhibits, national security eligibility for a position of trust is denied. CASE NO: 18-01317.h1


Financial

12/17/2018

Circumstances beyond Applicant’s control contributed to her financial problems. She is systematically resolving her delinquent accounts within her ability to do so. The security concerns raised under financial considerations are mitigated. Clearance is granted. CASE NO: 18-00969.h1


Financial

12/17/2018

Applicant has nine delinquent accounts that had been placed for collection or charged off, totaling $38,625. He has made no efforts to resolve them. Applicant has not obtained financial counseling. There is no evidence of a budget, and he offered no evidence to indicate that his financial situation has improved, or that it is now under control. Applicant’s actions with respect to his finances under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 18-00696.h1


Drugs, Personal Conduct, Financial

12/17/2018

Applicant recently stated his intent to remain drug free, but that statement is not compelling in the context of his extensive drug use over the preceding 31-year period. He continued to use marijuana for a full decade after being granted a DOD security clearance. He has not established a track record of abstention. Applicant intentionally falsified two security clearance applications by failing to disclose his illegal drug history. He currently owes over $24,000 on six delinquent accounts, and failed to provide any mitigating documentation. Applicant failed to demonstrate reliability, trustworthiness and overall use of good judgment. The resulting security concerns were not mitigated. Clearance is denied. CASE NO: 18-00153.h1


Financial

12/17/2018

Applicant defaulted on a mortgage loan and on two credit-card accounts. The mortgage was released after he abandoned the property. He made no payments on $20,054 in charged-off credit-card delinquencies because they are no longer legally collectible. Concerns about his financial judgment persist. Clearance is denied. CASE NO: 17-04384.h1


Drugs, Criminal Conduct; Personal Conduct

12/17/2018

Applicant has been involved with drugs recurrently over a period of more than 40 years, with his most recent drug-related charges and conviction occurring while he held a security clearance. Drug and criminal conduct concerns are not mitigated. Personal conduct concerns covering his drug involvement are adequately covered by the drug and criminal conduct guidelines and are mitigated. Eligibility to hold a security clearance is denied. CASE NO: 17-03191.h1


Financial

12/17/2018

Applicant’s failure to timely file Federal and state income tax returns for numerous years, his significant outstanding tax delinquencies and unresolved promissory note, and the length of time they have been unresolved, demonstrate that he is unreliable and unable to use good judgment in resolving his financial and tax issues. Applicant failed to mitigate the financial security concerns. Clearance is denied. CASE NO: 16-02839.h1


Financial

12/17/2018

Applicant failed to mitigate the security concerns raised by his $122,000 delinquent debt, none of which had been resolved. Clearance denied. CASE NO: 15-03966.h1


Financial; Alcohol; Criminal

12/17/2018

Applicant did not timely file his 2009 and 2011 to 2015 federal income tax returns. He filed the tax returns and is current with a payment plan for his past-due taxes. He was convicted of reckless handling of a weapon and discharge of the weapon from a moving vehicle in 2011. He was charged in 2015 with reckless handling of a weapon in public. Applicant did not mitigate financial, alcohol, or criminal security concerns. Eligibility for access to classified information is denied. CASE NO: 12-08463.h1


Employee Misconduct; Material False Statements

12/14/2018

Applicant failed to mitigate the employee misconduct and material false statements concerns. CAC eligibility is denied. CASE NO: 18-00524.h1


Financial

12/14/2018

Applicant’s federal income tax returns were not timely filed for tax years 2011 and 2014, and his state tax return for tax year 2011 was not filed at the time of his hearing. He did not disclose his failure to timely file his federal and state income tax returns for tax year 2011 on his October 4, 2016 Questionnaire for National Security Positions or security clearance application. Financial considerations and personal conduct security concerns are not mitigated. Access to classified information is denied. CASE NO: 18-00428.h1


Financial

12/14/2018

Applicant has seven years of unfiled and unpaid federal and state income taxes covering the years 2008 through 2014. Although it is now mid-December 2018, Applicant failed to prove that he had finally filed those income tax returns, although he promised to do so by early 2018. The state finally garnished his wages in 2017 in order to collect the state income taxes. There is evidence that Applicant was unwilling to file his federal and state income tax returns solely because he felt that he did not have sufficient funds to pay his taxes. The requirement to file is separate from the requirement to pay. Applicant’s failures with respect to his income tax returns have security implications. Applicant’s actions with respect to his finances under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 18-00417.h1


Guideline F

12/14/2018

Applicant states that she did not understand that she could “file an objection” to matters in the FORM and did not understand that she “needed to send in new information.” Both the FORM and its cover letter advised her that she had 30 days from its receipt to file objections or submit additional matters. She was also advised that, if she did not file objections or submit additional matters, her case would be assigned to a Judge “for a determination based solely on this file of relevant material.” Similar language was also contained in the cover letter. Applicant was properly advised of her rights to object to matters in the FORM and her opportunity to submit additional matters to the Judge. She forfeited those rights by not submitting a response to the FORM. Adverse decision affirmed. CASE NO: 18-00329.a1


Guideline F

12/14/2018

Applicant’s response to Department Counsel’s File of Relevant Material (FORM) does contain a document from a credit reporting agency that reflects a number of the alleged debts were “Currently Under Dispute.” We also note that Applicant’s response to the SOR includes a document that appears to reflect the student loans alleged in SOR ¶¶ 1.d and 1.I were not in a delinquent status. Therefore, documents in Applicant’s SOR and FORM responses show the Judge erred in his findings about the absence of supporting documentation. Given those errors, we believe the best course of action is to remand the case to the Judge for correction of the errors and issuance of a new decision in accordance with the Directive. Adverse decision remanded. CASE NO: 17-03763.a1


Alcohol Consumption; Criminal Conduct

12/13/2018

Applicant has consumed alcohol to intoxication on various occasions. She consumed alcohol at times to excess and to the point of intoxication on at least three occasions during the period November 2011 until July 2016, and that use of alcohol has led to a number of incidents that resulted in actions taken by police and court authorities. As a result of her alcohol consumption, she has been administratively reprimanded while in the U.S. Marine Corps and convicted of driving while intoxicated (DWI) after her vehicle struck another vehicle and she drove away without exchanging any information. She has been sentenced to jail, ordered to attend various alcohol-related programs, placed on unsupervised probation for three years, fined, her operator’s license was restricted and given a command reprimand. She remains on probation. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 18-00300.h1


Drugs; Personal Conduct; Criminal Conduct

12/13/2018

Applicant failed to mitigate the drug involvement, personal conduct, and criminal conduct security concerns. Clearance is denied. CASE NO: 17-04386.h1


Financial

12/13/2018

Applicant has mitigated the concerns related to his financial delinquencies. His request for national security eligibility and a security clearance is granted. CASE NO: 17-03312.h1


Financial

12/13/2018

Applicant did not mitigate the security concerns alleged in the SOR including failure to file federal income tax returns and pay taxes. Applicant’s eligibility for a security clearance is denied. CASE NO: 17-03212.h1


Personal Conduct, Financial, Criminal

12/13/2018

Applicant failed to mitigate the security concerns raised under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), largely arising from his involvement in a corporate theft scheme. Eligibility for access to classified information is denied. CASE NO: 17-02979.h1


Alcohol; Criminal Conduct

12/13/2018

Applicant was involved in alcohol-related criminal incidents in 2010, 2011, and was convicted of driving under the influence (DUI) in 2016. His last alcohol-related misconduct occurred two years ago. He has demonstrated a sufficient pattern of modified behavior for me to conclude that the questionable judgment associated with his alcohol-related incidents is behind him. I believe he will continue to consume alcohol responsibly to maintain his eligibility for a clearance. The alcohol consumption and criminal conduct security concerns are mitigated. Clearance is granted. CASE NO: 17-02668.h1


Guideline F

12/13/2018

The Judge’s conclusion that neither Applicant nor her husband were able to show a clear understanding of the origin of their tax problems is consistent with the record that was before her. We conclude that the Judge’s material findings are based upon a reasonable interpretation of the record that was before her. Adverse decision affirmed. CASE NO: 16-02584.a2


Guideline F

12/12/2018

The Board does not review cases 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. Adverse decision affirmed. CASE NO: 17-02232.a1


Guideline F

12/12/2018

Applicant also argues that the Judge did not consider all of the record evidence, misweighed the evidence, and did not properly apply the mitigating conditions and whole-person concept. He cites to such things as his unemployment and his statements that the creditor is no longer pursuing the motorcycle debt. Applicant’s arguments, however, are neither sufficient to rebut the presumption that the Judge considered all of the evidence in the record nor are they 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: 17-00109.a1


Financial

12/11/2018

Applicant failed to mitigate the security concerns arising under Guideline F, financial considerations. Her history of indebtedness and financial irresponsibility has not been mitigated. National security eligibility for access to classified information is denied. CASE NO: 18-00388.h1


Financial; Personal Conduct

12/11/2018

Applicant has a history of financial problems, including more than $116,000 owed in federal income taxes. Clearance is denied. CASE NO: 18-00221.h1


Handling Protected Information

12/11/2018

Applicant inadvertently violated security policies and procedures in May 1995 when he inserted in a memorandum technical information from which an engineer with knowledge could determine classified data. He caused spills of classified data in March 2006, March 2013, August 2014, and November 2016, by emailing files with classified information to cleared co-workers via his company’s unclassified network. Applicant was well-intentioned, but the pattern of similar security incidents casts doubt about his security worthiness. Clearance is denied. CASE NO: 17-03588.h1


Criminal or Dishonest Conduct; Alcohol Abuse; Misconduct or Negligence in Employment

12/11/2018

Common Access Card (CAC) credentialing concerns raised under supplemental adjudicative standards for criminal or dishonest conduct and alcohol abuse were mitigated. The allegation under misconduct or negligence in employment were unfounded. CAC eligibility is granted. CASE NO: 17-00458.h1


Financial

12/11/2018

Although Applicant’s annual salary has been over $100,000 for several years, and is currently at $125,000, he has made little, if any, efforts to address his delinquent accounts until after he was motivated to do so upon receipt of the SOR. He stopped making his monthly mortgage payments in July 2015. He has ignored the $24,777 deficiency since the house was foreclosed and sold at public auction, and he has also ignored a $27,059 line of credit. In addition, there are non-SOR delinquent debts for $11,674 and $21,438. Applicant made modest payments for three delinquent medical accounts one year after he was interviewed by the U.S. Office of Personnel Management (OPM) investigator. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-00307.h1


Financial; Criminal Conduct; Personal Conduct

12/11/2018

Applicant's falsifications of her criminal record and financial difficulties as well as the underlying misconduct she concealed render her an unsuitable candidate for access to classified information. Clearance denied. CASE NO: 16-00791.h1


Sexual Behavior, Personal Conduct, Foreign Influence

12/10/2018

Applicant mitigated the foreign influence security concerns, but not the sexual behavior and personal conduct security concerns. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 18-00944.h1


Guideline F

12/10/2018

In his appeal brief, Applicant stated the Judge erred in finding he was 58 years old when he was actually five years younger. This was a harmless error because it did not likely affect the outcome of the case. Adverse decision affirmed. CASE NO: 17-01866.a1


Guideline E; Guideline F

12/10/2018

A falsification, even in the face of an applicant’s denial of such conduct, can be established through circumstantial evidence. Additionally, we are required to give deference to a Judge’s credibility determinations. Directive ¶ E3.1.32.1. From our review of the record, the Judge’s material findings about the falsification allegation are supported by substantial record evidence. Adverse decision affirmed. CASE NO: 17-01047.a1


Guideline E; Guideline F

12/10/2018

Applicant’s appeal brief raises no allegation of error on the part of the Judge. Rather, it merely states the decision is in error without identifying any specific error. Adverse decision affirmed. CASE NO: 17-00853.a1


Financial

12/07/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 18-01489.h1


Financial

12/07/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. He has unresolved delinquent debt due to circumstances beyond his control, but he did not present sufficient information for purposes of mitigation at this time. Eligibility for a security clearance is denied. CASE NO: 18-01244.h1


Foreign Influence

12/07/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 18-01207.h1


Foreign Influence; Financial; Personal Conduct

12/07/2018

Applicant is a linguist who has siblings and a sister-in-law who are citizens and residents of Iraq, a country that presents heightened risks due to its historical record that includes terrorist threats and a poor human rights record. Security concerns associated with Applicant's having family members in Iraq are mitigated based on Applicant's status as a linguist dedicated to protecting U.S. security interests in Iraq and by the facts pertaining to the particular status of Applicant's family members in Iraq. Additional security concerns related to Applicant's finances are mitigated. And security concerns raised over Applicant's omissions in a security questionnaire are unsubstantiated. Clearance is granted. CASE NO: 18-00415.h1


Financial; Alcohol Consumption

12/07/2018

Applicant did not provide sufficient information to establish that she is resolving her delinquent debts. Applicant did not mitigate financial trustworthiness concerns. She presented sufficient information to mitigate alcohol consumption trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-03503.h1


Financial

12/07/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems and delinquent debts. Clearance is denied. CASE NO: 17-02200.h1


Criminal Conduct; Alcohol

12/07/2018

Applicant has not mitigated the concerns related to his two alcohol-related arrests between 2011 and 2015. He is on probation until 2019. His request for national security eligibility and a security clearance is denied. CASE NO: 17-01396.h1


Financial; Personal Conduct

12/06/2018

Applicant failed to mitigate the financial considerations and personal conduct security concerns. Clearance is denied. CASE NO: 18-01227.h1


Financial

12/06/2018

Applicant did not timely file his Federal and state income tax returns for tax years 2012 through 2016. His delinquent tax returns were filed in the fall of 2017, but more than $35,000 in past-due consumer credit debt and $1,678 in delinquent property taxes had not been resolved as of September 2018. He is in the process of filing for bankruptcy, but financial judgment concerns persist. Clearance is denied. CASE NO: 18-01082.h1


Sexual Behavior; Personal Conduct

12/06/2018

Applicant paid for sex with prostitutes at least six times between 1987 and 2015, at times while holding a security clearance, and once while assigned overseas. The information he presented to support his claims of rehabilitation was not sufficient to mitigate the security concerns his conduct raised about his judgment. His request for a security clearance is denied. CASE NO: 18-00757.h1


Financial; Personal Conduct

12/06/2018

Applicant failed to mitigate the financial considerations and personal conduct concerns. Eligibility for a public trust position is denied. CASE NO: 18-00633.h1


Information Technology

12/06/2018

Applicant mitigated the security concern raised by his use of his employer’s information technology. Eligibility granted. CASE NO: 17-03361.h1


Personal Conduct

12/06/2018

Applicant was terminated from his employment with a defense contractor in November 2016 for falsifying his time cards. He did not provide sufficient evidence to mitigate the resulting personal conduct security concerns. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-02662.h1


Financial

12/04/2018

Applicant has six delinquent accounts that had been placed for collection or charged off. Among those debts are two credit cards, totaling $38,675, that were charged off, and Applicant has shown no intention to resolve them, claiming instead that the creditor chose to write them off. Also, there are two medical accounts that he has known about for some time, but other than undocumented indications that Applicant’s wife was working on them, no resolution has taken place. Another delinquent credit-card account remains with an unpaid balance of over $30,000. Applicant has not obtained financial counseling. There is no evidence of a budget. Applicant offered no evidence to indicate that his “loss of income” has been reversed, that his financial situation has improved, or that it is now under control. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 18-00853.h1


Financial

12/04/2018

Applicant failed to mitigate the security concerns raised by his delinquent tax filings, tax debts, and other financial delinquencies. Eligibility for access to classified information is denied. CASE NO: 17-01199.h1


Financial

12/03/2018

Faced with increased expenses and decreased family income because of factors that were largely beyond his control, and wishing to remain financially responsible in meeting his commitments, Applicant sought professional guidance. In an effort to save his residence from foreclosure, he tried modifications and payment plans, only to be misled by the mortgage lender. Applicant had nine delinquent accounts that had been placed for collection, three state tax liens filed against him, and one foreclosed mortgage. Not including the foreclosure, his debts totaled approximately $7,719. He filed for bankruptcy three times within one year under Chapter 13 of the U.S. Bankruptcy Code. Each of those petitions were dismissed. He contacted his creditors and either paid off certain accounts or set up payment plans with the creditors calling for preauthorization for recurring transfers from his account. Three of the nine accounts have already been resolved; four of the accounts are in the process of being resolved; there is no deficiency stemming from the foreclosure; and two of the tax liens cannot be found in the courthouse where they were supposedly filed. Applicant’s actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 18-01663.h1


Financial, Personal Conduct

12/03/2018

Applicant refuted the personal conduct security concerns. He did not mitigate the financial considerations security concerns related to unresolved delinquent debts. National security eligibility for access to classified information is denied. CASE NO: 18-01216.h1


Financial

12/03/2018

Applicant’s evidence is insufficient to demonstrate financial responsibility, or that his financial problems are being resolved. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 18-01182.h1


Financial

12/03/2018

Applicant did not mitigate the financial considerations security concerns as he did not show sufficient efforts to resolve Federal and state tax issues and delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-04347.h1


Financial

12/03/2018

Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 17-04174.h1


Personal Conduct, Financial

12/03/2018

Applicant failed to mitigate the security concerns under Guideline E, personal conduct, and Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03929.h1


Financial

12/03/2018

Applicant did not mitigate the financial considerations security concerns as he did not show sufficient efforts to address his delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-02109.h1


Financial; Personal Conduct

12/03/2018

Applicant mitigated the financial security concerns. He did not intentionally falsify his security clearance application. Clearance is granted. CASE NO: 17-01960.h1


Financial

12/03/2018

Applicant did not mitigate the financial considerations security concerns as she did not make timely efforts to address her delinquent debts. Eligibility for access to classified information is denied. CASE NO: 16-03124.h1


Financial – ADP

11/30/2018

Applicant did not mitigate the security concerns alleged in the SOR. Applicant’s eligibility for access to sensitive information in a public trust position is denied. CASE NO: 18-01708.h1


Financial

11/30/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. CASE NO: 18-01384.h1


Financial

11/30/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for a security clearance is denied. CASE NO: 18-01250.h1


Financial

11/30/2018

Applicant did not mitigate the security concerns alleged in the SOR. Applicant’s eligibility for a security clearance is denied. CASE NO: 18-00955.h1


Financial

11/30/2018

Applicant’s history of financial problems and his lack of attention towards resolving his significant federal tax debt outweigh the mitigating factors in his case. Clearance is denied. CASE NO: 18-00199.h1


Foreign Influence

11/30/2018

Applicant failed to mitigate the foreign influence concerns. Eligibility for access to classified information is denied. CASE NO: 17-04247.h1


Personal Conduct

11/30/2018

Applicant exercised questionable judgment by falsifying his June 21, 2017 electronic questionnaires for investigative processing (e-QIP) and by engaging in a series of acts that shows his unwillingness to comply with rules and regulations. His conduct raised security concerns under the guideline for personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03978.h1


Financial; Foreign Influence

11/30/2018

Applicant mitigated the security concerns arising under the guidelines for financial considerations and foreign influence. He resolved state tax liens incurred while residing overseas and credibly testified that he now understands his tax obligations. His service as a government contractor overseas shows strong ties to the United States, despite his family’s property and ties to the Philippines. National security eligibility for access to classified information is granted. CASE NO: 17-01191.h1


Criminal or Dishonest Conduct; Alcohol Abuse

11/30/2018

Common Access Card (CAC) credentialing concerns raised under supplemental adjudicative standards for criminal or dishonest conduct and alcohol abuse were not mitigated. CAC eligibility is denied. CASE NO: 17-00447.h1


Financial

11/30/2018

Applicant mitigated security concerns raised by his tax filings after the normal due dates by establishing that he served as a civilian contractor in a combat zone and was entitled to an extension of time to file the returns in question. He also mitigated concerns raised by his delinquent debts with evidence of more than five years of monthly payments to creditors through a debt consolidation company. Clearance is granted. CASE NO: 16-03710.h1


Guideline F

11/30/2018

The Directive states that it is an applicant’s job to submit evidence in mitigation of the concerns raised by an SOR. Directive ¶ E3.1.15. This includes character evidence, should an applicant choose to provide it. Adverse decision affirmed. CASE NO: 16-02243.a1


Financial

11/29/2018

Applicant has unresolved delinquent debts. He failed to mitigate the resulting financial considerations security concerns. Based upon a review of the pleadings and exhibits, national security eligibility is denied. CASE NO: 18-01122.h1


Financial

11/29/2018

Applicant’s evidence is insufficient to demonstrate financial responsibility, or that his financial problems are being resolved. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 18-00362.h1


Guideline H

11/29/2018

Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 18-00166.a1


Guideline F

11/29/2018

Applicant’s appeal brief contains documents and assertions that are not included in the record. The Appeal Board is prohibited from considering new evidence on appeal. He also cites to the effect that a clearance denial will have on him and his company. The Directive does not permit us to consider the impact of an unfavorable decision. Adverse decision affirmed. CASE NO: 17-04350.a1


Guideline F

11/29/2018

In a DOHA proceeding, the applicant bears the burden of presenting evidence in mitigation. A Judge’s finding that an applicant has not presented sufficient evidence in mitigation is not, in and of itself, a finding that the applicant has been deceptive or that he or she lacks credibility. Adverse decision affirmed. CASE NO: 17-03363.a1


Criminal Conduct; Personal Conduct; Financial

11/29/2018

Applicant’s embezzlement of funds from her employer constituted an extraordinary violation of the public trust. However, upon considering the underlying pathology that precipitated the misconduct, the lengthy amount of time that has elapsed without any subsequent misconduct, her restitution, the testimony of her treating psychologist, and her current outstanding job performance, I conclude that her behavior no longer poses a public trust concern. Applicant’s application for a public trust position is granted. CASE NO: 17-03141.h1


Guideline E; Guideline F

11/29/2018

A creditor’s decision to charge off a debt for accounting purposes does not affect a debtor’s obligations to the creditor. A Judge could reasonably conclude charged-off debts remain ongoing financial problems. If Applicant had proof of resolution of alleged debts, he was obligated to present such evidence to the Judge. The doctrine of ineffective assistance of counsel does not apply in DOHA proceedings. Adverse decision affirmed. CASE NO: 15-07941.a1


Drugs; Personal Conduct

11/28/2018

Applicant used marijuana between June 2002 and August 2017, including after he had been granted a Department of Defense (DOD) security clearance in May 2009 and after he had denied any intention of using marijuana in the future. A longer period of abstention is required to conclude that his marijuana use is safely in the past. Clearance is denied. CASE NO: 18-01438.h1


Drugs

11/28/2018

Applicant has mitigated the security concerns raised by his marijuana use. Clearance is granted. CASE NO: 18-01175.h1


Financial

11/28/2018

Applicant mitigated the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is granted. CASE NO: 17-04271.h1


Financial

11/28/2018

Applicant filed a Chapter 7 Bankruptcy petition in August 2017, which was discharged in November 2017. Additionally, she had two delinquent mortgage accounts that she abandoned. Resulting security concerns were not mitigated. Based upon a review of the pleadings, testimony, and exhibits, national security eligibility is denied. CASE NO: 17-03971.h1


Foreign Influence

11/28/2018

Applicant provided sufficient evidence to explain, extenuate, or mitigate the security concerns stemming her ties to the country of China. Access granted. CASE NO: 17-03450.h1


Financial

11/28/2018

Applicant mitigated the financial considerations security concerns by demonstrating a payment plan and debt resolution. Eligibility is granted. CASE NO: 17-02689.h1


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

11/28/2018

Common Access Card (CAC) credentialing concerns raised under supplemental adjudicative standards for criminal conduct and intentional false statement, deception, or fraud were mitigated. CAC eligibility is granted. CASE NO: 16-03332.h1


Sexual Behavior; Personal Conduct

11/28/2018

Applicant has not mitigated the security concerns raised by his conduct with a pornography actress, whom he paid for sexual activity. CASE NO: 16-02536.h2


Financial Considerations

11/27/2018

Applicant did not provide sufficient information in response to the Government’s case to overcome the security concerns raised by his financial problems. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00851.h1


Financial

11/27/2018

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 18-00330.h1


Finances

11/27/2018

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-04288.h1


Financial

11/27/2018

Applicant has significant past-due indebtedness, and Federal and state tax issues, that she has yet to address. National security eligibility is denied. CASE NO: 17-04165.h1


Sexual Behavior

11/27/2018

Applicant did not provide sufficient information to establish that his conduct of paying for and engaging in sexual activities for over 25 years with prostitutes is not a security concern. Applicant did not mitigate sexual behavior security concerns. Eligibility for access to classified information is denied. CASE NO: 17-04058.h1


Financial Considerations

11/27/2018

Applicant did not provide sufficient information in response to the Government’s case to overcome the security concerns raised by his financial problems. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 17-03881.h1


Foreign Influence

11/27/2018

Applicant’s foreign connections, are clearly outweighed by his allegiance to the United States. He has proven by his past actions of not giving in to coercion, which resulted in the deaths of his father and brother, that there is no possibility of foreign influence. Clearance is granted. CASE NO: 17-03148.h1


Financial

11/27/2018

Applicant did not make sufficient progress resolving her delinquent debts. She failed to timely file her federal income tax returns for tax years 2013, 2014, and 2015. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-03043.h1


Financial

11/27/2018

Applicant’s evidence is insufficient to demonstrate financial responsibility, or that his financial problems are being resolved. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-02742.h1


Financial

11/27/2018

Applicant has significant past-due student loan indebtedness that he has yet to address. National security eligibility is denied. CASE NO: 17-02106.h1


Drugs

11/27/2018

Applicant failed to mitigate the drug involvement security concerns. Clearance is denied. CASE NO: 17-01661.h1


Foreign Influence

11/26/2018

Applicant has not mitigated the security concerns raised by his family ties to China. Clearance is denied. CASE NO: 18-00966.h1


Financial

11/26/2018

Applicant has not mitigated the security concerns raised by his financial indebtedness. Clearance is denied. CASE NO: 18-00828.h1


Financial

11/26/2018

Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 18-00280.h1


Financial, Personal Conduct

11/26/2018

Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations and Guideline E, personal conduct. Eligibility for access to sensitive information is denied. CASE NO: 17-02495.h1


Security Violations; Use of Information Technology; Personal Conduct

11/26/2018

Applicant was involved in six security incidents from April 2014 to February 2016. Four of the six incidents resulted in a determination that he was culpable or a responsible party while two of the incidents were still pending a determination at the time of the April 2018 hearing. He has had no further security incidents since February 2016. The evidence is not sufficient to mitigate the serious security concern stemming from his involvement in the six security incidents. Eligibility denied. CASE NO: 17-02211.h1


Guideline F

11/21/2018

We note the Judge’s statement in the analysis that he is not convinced that Applicant would abide by a different payment arrangement, insofar as he had failed to make sufficient child support payments in the past. Given the Judge’s analysis, we find no reason to conclude that, even if the document in question had been included in the record, it would have resulted in a different decision. Adverse decision affirmed. CASE NO: 17-01915.a1


Guideline F

11/21/2018

After considering Applicant’s brief in its entirety, we conclude that it does not rebut the presumption that the Judge considered all of the evidence in the record, nor does it show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. To the extent that Applicant is arguing that his tax problems do not establish security concerns, we note that the Directive explicitly identifies failure to file and pay taxes as something that raises a security concern. Adverse decision affirmed. CASE NO: 17-01007.a1


Financial

11/20/2018

Applicant did not provide sufficient information to establish that he is resolving his delinquent debts. Applicant did not mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 18-00775.h1


Financial; Personal Conduct

11/20/2018

Applicant did not mitigate the financial security concerns under the financial guideline. He did not intentionally falsify his 2017 security clearance application and has mitigated the concerns under the personal conduct security guideline. Clearance is denied. CASE NO: 18-00703.h1


Guideline E

11/20/2018

The Board does not review cases 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. Adverse decision affirmed. CASE NO: 18-00556.a1


Financial

11/20/2018

Applicant has a history of financial problems, including unfiled tax returns and unpaid income taxes. Clearance is denied. CASE NO: 17-04249.h1


Guideline F

11/20/2018

If Applicant wanted the Judge to consider matters in his possession that were not contained in the FORM, it was his obligation to provide that information. To the extent that Applicant is claiming his right to submit matters in mitigation was somehow impaired, we conclude such a contention is without merit. Adverse decision affirmed. CASE NO: 17-00962.a1


Guideline E

11/20/2018

The Judge’s finding of deliberate falsification is supported by substantial evidence. Moreover, given the seriousness of Applicant’s misconduct, his various inconsistent statements, and the Judge’s adverse credibility determination, we find no reason to disturb the Judge’s analysis of the security concerns raised in this case. We are required to give deference to Judges’ credibility determinations. Adverse decision affirmed. CASE NO: 17-00323.a1


Guideline E

11/20/2018

About six years ago, Applicant’s security clearance was revoked, in part, because Applicant wrongfully used a company computer to view pornographic images; solicited prostitutes on more than 50 occasions from about 1990 to 2008; and provided his second wife with $30,000 after she threatened to expose his illicit sexual activities to neighbors; and frequented strip clubs after his SCI access was revoked. Applicant has stated that his last encounter with prostitutes was in 2008, but he has since had sexual encounters with women other than his cohabitant. He paid for massages from these women and sometimes ran errands for them. He views these women as “friends with benefits.” This sexual activity involved three or four women from 2013 to 2016. He engaged in this activity about a dozen times in both 2014 and 2015, and a handful of times in 2016. He has not told his cohabitant about his sexual activity with the other women. Favorable decision reversed. CASE NO: 16-03763.a1


Guideline E

11/20/2018

After considering the entirety of Applicant’s arguments in light of the record as a whole, paying particular attention to the transcript of the hearing, we conclude that the Judge did nothing that would persuade a reasonable person that he lacked the requisite impartiality. The tenor of Applicant’s appeal argument is essentially a challenge to the sufficiency of the Judge’s findings and his weighing of the evidence. Such disagreement with the Judge’s findings, analysis, and adverse conclusions is not sufficient to establish bias. Applicant has not met her burden of persuasion on this issue. Adverse decision affirmed. CASE NO: 16-03183.a1


Financial

11/19/2018

Applicant’s delinquent debts listed in the SOR have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 18-01263.h1


Financial

11/19/2018

Applicant did not timely file her Federal and state income tax returns for tax years 2013 and 2014. Her Federal income tax return for tax year 2014 was filed in June 2018, but her ongoing failure to file her delinquent returns for 2013 and her state income tax return for 2014 casts doubt about her judgment and reliability. Clearance is denied. CASE NO: 18-01103.h1


Criminal Conduct; Alcohol Consumption

11/19/2018

Applicant’s two recent arrests, charges, and convictions for DUI in 2017, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied. CASE NO: 18-00899.h1


Financial

11/19/2018

Applicant’s excessive indebtedness, which includes delinquent back taxes, credit card debt and medical bills have not been resolved or sufficiently mitigated. Clearance is denied. CASE NO: 18-00799.h1


Guideline F; Guideline J

11/19/2018

The record shows, that Applicant received guidance in the File of Relevant Material (FORM) regarding his right to make a written response to the matters set forth therein. DOHA provided similar guidance in the cover letter that accompanied the FORM, and Applicant received a copy of the Directive, which also explained these rights. Moreover, the cover letter and the Directive notified Applicant of his right to assistance of counsel or of some other representative in preparing his response. If Applicant did not understand his rights and obligations in responding to the FORM, it was not due to any insufficiency in the guidance that he received. As it stands, we find no reason to conclude that Applicant was denied the due process afforded him by the Directive. Adverse decision affirmed. CASE NO: 17-04123.a1


Drugs; Personal Conduct

11/19/2018

Applicant used marijuana on numerous occasions after having been granted a security clearance in 2001~2003. He also used it about 200 times, including the night before his hearing. National security eligibility is denied. CASE NO: 17-03330.h1


Financial

11/19/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02313.h1


Drugs; Personal Conduct

11/19/2018

Applicant used marijuana on numerous occasions after having been granted a security clearance. National security eligibility is denied. CASE NO: 17-02040.h1


Drugs; Alcohol; Criminal Conduct

11/19/2018

Applicant has seven convictions, and is still on probation as a result of his 2016 alcohol-related conviction. National security eligibility is denied. CASE NO: 17-01554.h1


Financial

11/19/2018

Applicant has significant past-due indebtedness that he has yet to address. National security eligibility is denied. CASE NO: 17-01008.h1


Guideline E; Guideline H; Guideline J

11/19/2018

In completing a security clearance application (SCA) in 2014, Applicant failed to disclose all of his criminal offenses. In addition, he denied ever having been charged with a felony and ever having been charged with an alcohol-related offense. He also did not disclose his marijuana use. In 2016, Applicant completed another SCA. He did not disclose requested information about his illegal drug use. However, realizing the importance of candor, he submitted a new SCA in which he provided truthful information about his drug involvement. Adverse decision affirmed. CASE NO: 16-03466.a1


Financial

11/16/2018

Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 18-01223.h1


Financial

11/16/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 18-00970.h1


Financial

11/16/2018

Applicant did not file annual Federal and state income tax returns on time, as required, for tax years 2012-2014. This was due largely because he and his first wife were separated and in divorce proceedings. Under the circumstances, he undertook responsible efforts to remediate his tax issues by attempting to gather appropriate tax documentation, which proved difficult during the divorce process. Applicant hired a tax advisor, and filed his past-due tax returns. He did so before the SOR was issued. His tax filing issues are unlikely to recur, and no longer cast doubt on his current judgment, trustworthiness and reliability. He provided sufficient evidence to mitigate financial security concerns. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-04069.h1


Financial

11/16/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02572.h1


Personal Conduct

11/16/2018

Because of the erratic actions of both his former unemployed fiancée, and years later his unemployed wife, both of whom chose to leave the family residences and subsequently relocate out of state, only to abandon him again, all of which caused unanticipated expenses for Applicant, his financial situation suffered. Unemployment only added to his struggles to remain current on his various accounts. Rather than avoiding his financial problems, he chose to confront them. It is significant that he chose to cut grass to earn a salary. First, there was costly and ineffective financial guidance. Then, there was his effort to seek Chapter 13 bankruptcy protection without the assistance of an attorney. Now, with the assistance of an attorney, Applicant is on a bankruptcy payment plan. As of October 19, 2018, he has paid the trustee $17,377.50, year to date. With the financial guidance received from a variety of sources, his embracing of fiscal responsibility, and the structured bankruptcy payment plan, Applicant’s financial situation is now under control. Applicant’s actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 17-01647.h1


Guideline F

11/16/2018

First, a Judge has no authority to act as an investigator in a DOHA case. Any attempt by a Judge to independently investigate allegations (e.g., contact creditors) would conflict with his or her role as an impartial fact-finder. Second, the Directive does not permit us to consider the impact of an unfavorable decision on an applicant. Third, the Directive assigns to Applicant the burden of presenting evidence to rebut, explain, extenuate, or mitigate facts of security concern. Adverse decision affirmed. CASE NO: 17-01371.a1


Financial

11/16/2018

The steps that Applicant have made to rehabilitate his mortgages, thus far, are insufficient to outweigh the poor judgment he demonstrated when he failed to make payments for six years. Applicant failed to mitigate the security concern. Clearance is denied. CASE NO: 17-00535.h1


Drugs

11/15/2018

Applicant failed to mitigate the drug involvement concerns. Eligibility for access to classified information is denied. CASE NO: 18-00792.h1


Personal Conduct

11/15/2018

Applicant was terminated from employment for a pattern of dishonesty or rule violations, as well as significant misuse of government or her employer's time or resources because of her participation in an off-the-record time-management system that was contrary to the official company policy and, in fact, was a falsification of the official record. There was an official zero-overtime policy. Applicant’s supervisor not only knew that she worked overtime, but also encouraged artificially low reporting and squelched truthful timekeeping. Under the system, both parties were accommodated. The employer could maintain its zero overtime policy and reduce expenses, and the employee could maintain leave and attendance flexibility, but with a loss of earned overtime wages. Applicant’s reputation is that she is a very hardworking, honest and devoted parent and employee; a person of morals and integrity; reliable, personable, and honest; and that she worked late when the mission required her to do so. Applicant often volunteered to work late, comes in early, or comes in during off-shifts to ensure the warfighter mission succeeded. Applicant’s actions under the circumstances no longer cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 18-00037.h1


Financial; Foreign Influence

11/15/2018

Applicant mitigated the foreign influence concerns, but he failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03744.h1


Personal Conduct

11/15/2018

Applicant was involved in events that led to his wife’s federal felony conviction for conflict of interest. They provided false information on applications for two home equity loans. Personal conduct security concerns are not mitigated. Clearance is denied. CASE NO: 16-00891.h1


Financial

11/14/2018

Applicant has mitigated the security concerns raised by her delinquent debts. Clearance is granted. CASE NO: 18-01085.h1


Financial

11/14/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 18-00778.h1


Mental

11/14/2018

Applicant failed to mitigate security concerns raised by his Bipolar Disorder and Delusional Disorder. Clearance is denied. CASE NO: 18-00233.h1


Guideline E

11/14/2018

Applicant’s arguments are not enough to rebut the presumption that the Judge considered all of the evidence, nor are they sufficient to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Viewed in light of the record as a whole, Applicant’s false statements, lack of candor, and solicitation of prostitutes while holding a security clearance support the Judge’s adverse findings and conclusions. Adverse decision affirmed. CASE NO: 16-00466.a1


Financial

11/13/2018

Applicant presented insufficient information to mitigate the security concern stemming from her problematic financial history. Eligibility denied. CASE NO: 18-01177.h1


Financial

11/13/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 18-00819.h1


Financial

11/13/2018

Circumstances beyond her control contributed, in part, to Applicant’s financial problems. She has acted responsibly under the circumstances. She resolved the statement of reasons (SOR) allegations. With her current earnings, she should be able to pay for her family’s living expenses and current debts. Her financial problems are being resolved and are under control. Clearance granted. CASE NO: 17-03580.h1


Criminal; Financial; Personal Conduct

11/13/2018

Applicant has not mitigated the security concerns under the financial considerations, criminal conduct or personal conduct security concerns. He provided some documentary evidence to show that is on the right track with his financial issues, but insufficient evidence and time has not mitigated the issue. He has not mitigated his long history of criminal conduct from 1993 to 2014, despite the dismissal of some charges. He has not shown sufficient good judgment considering his history and given the fact that he has held a security clearance for 18 years. Eligibility for a security clearance is denied. CASE NO: 17-01540.h1


Financial

11/09/2018

Applicant mitigated security concerns raised by his delinquent debts, including federal and state income taxes, which arose due to an extraordinary family situation that is unlikely to recur. Applicant has taken responsible steps to repay his creditors using a legitimate debt consolidation company. Clearance is granted. CASE NO: 18-00687.h1


Guideline F

11/09/2018

Applicant’s SOR lists several delinquent debts, for such things as two mortgage loans, student loan accounts, an auto loan, and a judgment. These debts total over $200,000. Adverse decision affirmed. CASE NO: 15-02900.a1


Financial

11/08/2018

Applicant has mitigated the security concerns raised by his delinquent debts that were incurred as a result of a financially devastating divorce. CASE NO: 18-01618.h1


Financial

11/08/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 18-00514.h1


Financial; Personal Conduct

11/08/2018

Applicant’s information is not sufficient to mitigate the trustworthiness concerns raised by his unpaid debts, his failure to file his income tax returns as required, and by his deliberate false statements about adverse information in his background. Applicant’s request for eligibility to occupy a position of trust is denied. CASE NO: 17-03932.h1


Financial

11/08/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03183.h1


Financial; Personal Conduct

11/07/2018

Applicant accumulated two delinquent child support withholding orders that he has since resolved. Financial concerns are mitigated. Security concerns related to allegations of falsifying his security clearance application are unsubstantiated and resolved favorably to Applicant. CASE NO: 18-00694.h1


Financial

11/07/2018

Applicant’s current finances are in order. He established a plan to resolve his financial problems, and he took significant action to implement that plan. Clearance is granted. CASE NO: 17-04215.h1


Guideline E; Guideline H

11/07/2018

Applicant’s citation to the ADR is out of place. The Appeal Board and DOHA Judges decide cases in accordance with the Directive and Adjudicative Guidelines, not the ADR. Indeed, the ADR, itself, notes that it is not U.S. Government policy and may not be cited as authority for denials or revocations. Adverse decision affirmed. CASE NO: 17-02779.a1


Financial

11/06/2018

Applicant’s delinquent debts and tax issues are alleged as a security concern under Guideline F, financial considerations. His debts remain largely unresolved. Applicant did not provide sufficient evidence to mitigate the financial security concern. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-04264.h1


Drugs; Personal Conduct

11/06/2018

Applicant, age 34, admitted using marijuana over a 13-year period starting in college, including a seven-year period when he held a security clearance. He has abstained since 2015. In response to interrogatories, he disclosed that in 2009, while holding a security clearance, he used illegal mushrooms twice. His omission of this drug use in his clearance application was intentional. Clearance is denied. CASE NO: 17-04234.h1


Financial

11/06/2018

Applicant failed to timely file his federal income tax return for the tax year 2016 until August 2018, well after the SOR was issued; failed to pay annual federal and state individual income taxes or payroll taxes as required; and, as of August 3, 2018, according to the IRS, he still owed the IRS $153,698 in unpaid income taxes, payroll taxes, interest, and penalties. He had a number of federal income tax liens filed. Although he entered into several installment agreements with the IRS over the years, two of those installment agreements were terminated because of Applicant’s failure to comply with the terms of those arrangements. A rejected Offer in Compromise only proposed a settlement of the tax debt of between 10 and 30 percent. Although he made some payments to the IRS before the SOR was issued in September 2017, Applicant’s most significant payments commenced in 2018, well after the SOR was issued. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-02588.h1


Financial

11/06/2018

Applicant did not mitigate the financial considerations security concerns, including failure to timely +file income tax returns for 14 years. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-02448.h1


Drugs

11/05/2018

Applicant used marijuana once or twice a week from June 2016 to March 11, 2018, and he intends to continue to use marijuana. Guideline H (drug involvement and substance misuse) trustworthiness concerns are not mitigated. Eligibility for access to sensitive information is denied. CASE NO: 18-01036.h1


Drugs; Personal Conduct

11/05/2018

The record did not support the allegations that Applicant was fired from a previous job. It also was not established that he misrepresented the circumstances surrounding the end of that employment in his security clearance application or during interviews with a government investigator. Applicant’s 2016 arrest for driving while intoxicated, and his use of marijuana the same day, are not disqualifying under the guidelines for drug involvement, criminal conduct or alcohol use. Nonetheless, under the personal conduct guideline, his arrest and drug involvement raised a security concern about his judgment and reliability. That concern is mitigated because his conduct was isolated, infrequent, and unlikely to recur. Applicant’s request for a security clearance is granted. CASE NO: 18-00175.h1


Drugs; Personal Conduct

11/05/2018

Applicant used marijuana while holding a security clearance, and he lied about his marijuana use on Questionnaires for National Security Positions submitted in 2007, 2015, and 2016. Clearance is denied. CASE NO: 17-04019.h1


Financial

11/05/2018

Applicant acted responsibly under the circumstances and mitigated security concerns that resulted when his former fiancée did not pay their bills while he was working overseas. Clearance is granted. CASE NO: 17-03631.h1


Financial

11/05/2018

Applicant failed to mitigate the security concerns arising under Guideline F, Financial Considerations. His failure to timely file tax returns and failure to pay federal income tax obligations in a timely manner, remain a concern. National security eligibility for access to classified information is denied. CASE NO: 17-02001.h1


Financial

11/02/2018

Applicant failed to mitigate the financial concerns raised by delinquent debts, despite his spouse’s job loss and medical problems. Eligibility for access to classified information is denied. CASE NO: 18-01149.h1


Financial

11/02/2018

Applicant failed to mitigate security concerns raised by his delinquent debts, including student loans and credit-card debts, which arose several years ago following his separation and divorce. Clearance is denied. CASE NO: 18-00451.h1


Financial

11/02/2018

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 18-00265.h1


Foreign Influence

11/02/2018

Applicant has not mitigated the foreign influence security concerns raised by his family ties in Afghanistan and history as an Afghan military officer that was granted asylum in the United States. Eligibility for access to classified information is denied. CASE NO: 17-03267.h1


Financial

11/02/2018

Circumstances beyond Applicant’s control contributed, in part, to his financial problems. He has been acting responsibly under the circumstances. With his current earnings, he should be able to pay for his family’s living expenses and current debts. His financial problems are being resolved and are under control. Clearance granted. CASE NO: 17-02349.h1


Guideline E; Guideline F

11/02/2018

Applicant contends that the Judge did not consider such things as his resolution of his tax problems, the unique circumstances underlying his financial difficulties, and his motive for his bankruptcy actions, i.e., his effort to save his house from foreclosure. 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. We give due consideration to the Hearing Office case that Applicant has cited in his brief. However, Hearing Office Decision are not binding on other Hearing Office Judge’s or on the Appeal Board. Each case must be decided on its own merits. Adverse decision affirmed. CASE NO: 17-00378.a1


Financial

11/02/2018

Applicant mitigated the security concerns raised by his delinquent debts. Applicant’s access to classified information is granted. CASE NO: 16-01947.h1


Guideline B; Guideline C

11/02/2018

If Applicant believed that the transcript or other evidence presented at the earlier hearing were germane to her current case for mitigation, she could have submitted it. See Directive ¶ E3.1.15 regarding an applicant’s responsibility to present evidence in mitigation. The Judge cannot be faulted for having failed to consider evidence that was not before him. We are not persuaded by Applicant’s argument that the Judge erred by not amending the SOR on his own motion, Applicant herself having failed to so move. The SOR, an administrative pleading, was sufficient to place Applicant on notice of the concerns arising from her foreign relatives. Applicant’s apparent argument that the Judge should have amended it to include some information that she submitted in mitigation is founded upon nothing in the Directive or in our prior case law. Applicant was not denied due process. Adverse decision affirmed. CASE NO: 14-02117.a1


Financial

11/01/2018

Applicant has mitigated the security concerns raised by his failure to timely file his federal and state income tax returns for tax years 2010 through 2016. Clearance is granted. CASE NO: 18-00698.h1


Psychological Conditions

11/01/2018

Applicant failed to mitigate the security concerns under Guideline I, psychological conditions. Eligibility for access to classified information is denied. CASE NO: 17-04052.h1


Financial

11/01/2018

Applicant and his spouse did not timely file their federal income tax returns for tax years 2012 through 2016, or their state income tax returns for tax years 2012 and 2014 through 2016. Applicant and his in-laws had some difficult health issues, but they do not fully mitigate Applicant’s inattention to his tax-filing obligations for the past several years. Clearance is denied. CASE NO: 17-03814.h1


Foreign Preference, Foreign Influence

11/01/2018

Applicant mitigated the foreign preference security concerns related to his use of a foreign passport. He did not mitigate the foreign influence security concerns arising from his family connections in Turkey. Based upon a review of the record as a whole, national security eligibility for access to classified information is denied. CASE NO: 17-03749.h1


Personal Conduct

11/01/2018

Applicant failed to mitigate the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03446.h1


Mental; Alcohol

11/01/2018

Applicant failed to mitigate the psychological conditions and alcohol consumption security concerns. Eligibility for access to classified information is denied. CASE NO: 15-00116.h1


Personal Conduct

10/31/2018

Applicant did not provide sufficient evidence to rebut, explain, extenuate, or mitigate the security concern stemming from a conflict of interest based on his ongoing association with illegal aliens to whom he is related by marriage. Eligibility denied. CASE NO: 18-00753.h1


Personal Conduct

10/31/2018

Applicant has not mitigated the security concerns under the personal conduct guideline. Eligibility for a security clearance is denied. CASE NO: 18-00636.h1


Personal Conduct, Drugs, Use of Information Technology

10/31/2018

Applicant failed to mitigate the security concerns under Guideline E, personal conduct, Guideline H, drug involvement, and Guideline M, use of information technology. Eligibility for access to classified information is denied. CASE NO: 18-00298.h1


Alcohol; Criminal Conduct

10/31/2018

Applicant has not mitigated the security concerns raised by his alcohol-related arrests and convictions. Clearance is denied. CASE NO: 18-00018.h1


Financial

10/31/2018

Applicant’s mortgage remains significantly past due and in foreclosure. Applicant has not made a mortgage payment in about two years despite steady employment and the means to pay other significant expenses, such as the monthly payment on an expensive luxury auto. She and her husband recently filed for Chapter 13 bankruptcy, but the filing was not completed and is pending dismissal. Applicant has not acted responsibly in attempting to improve her finances. She did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-04395.h1


Guideline F

10/31/2018

Adverse rulings alone do not demonstrate judicial bias. We have examined the Judge’s Decision in light of the record that was before her. We find nothing therein that would lead a reasonable person to conclude that she lacked the requisite impartiality. It was not erroneous for the Judge to evaluate Applicant’s strategies for addressing his mortgage debts for what they may suggest about his judgment and reliability, even if those strategies were permitted by law. Adverse decision affirmed. CASE NO: 17-03852.a1


Financial

10/31/2018

Applicant failed to file his federal tax returns for tax years 2013-205. Additionally, he accumulated delinquent debts (including tax, mortgage, and consumer debts) that he has failed to settle or resolve. Financial concerns over his failure to file federal tax returns and accumulation of delinquent debts are not mitigated. Eligibility to hold a security clearance is denied. CASE NO: 17-02208.h1


Guideline E; Guideline G; Guideline H; Guideline J

10/31/2018

In 2015, Applicant did not disclose the full extent of his drug and alcohol offenses in his SCA. During his subsequent clearance interview, the investigator repeatedly had to confront Applicant with his various arrests and charges before he admitted to them. Adverse decision affirmed. CASE NO: 17-01478.a1


Financial; Personal Conduct

10/30/2018

Applicant did not mitigate the security concerns under Guideline F, financial considerations, or under Guideline E, personal conduct. He falsified his security clearance application and he was arrested repeatedly. Eligibility for access to classified information is denied. CASE NO: 18-00805.h1


Financial

10/30/2018

Applicant’s debts arose while she was in college and under unique circumstances that are unlikely to recur. Her behavior does not cast doubt upon her current reliability. She has a reasonable plan to address her student loans and consumer debts and has taken steps to implement her plan. Clearance is granted. CASE NO: 18-00677.h1


Financial

10/30/2018

Applicant’s periods of unemployment and underemployment contributed to or aggravated her financial problems. Under her circumstances, she has been responsibly addressing her delinquent accounts. With her current earnings, she should be able to pay for her family’s living expenses and current debts. Her financial problems are being resolved. Clearance granted. CASE NO: 14-06484.h1


Guideline H

10/29/2018

Applicant ceased using marijuana before his security interview and did not use the drug for about one year. However, shortly before the hearing, he started to use marijuana again and intends to do so in the future. Applicant did not mitigate security concerns under Guideline H. The SOR does not contain an allegation based upon the Bond Amendment or applicant’s current use of marijuana, therefore, no finding has been made on the application of the Bond Amendment. Clearance is denied. CASE NO: 18-00993.h1


Financial

10/29/2018

Applicant provided insufficient information about his efforts to resolve nine delinquent debts alleged on the statement of reasons totaling $115,946. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 18-00275.h1


Financial

10/29/2018

Applicant had seven purportedly delinquent accounts that had been placed for collection or filed as judgments, totaling approximately $47,707. Most of those accounts are the result of his ex-wife’s failure or refusal to comply with a Divorce Order. She is legally responsible for several of those delinquent debts, and she is required to hold Applicant harmless for them. Applicant did allow his frustrations, bitterness, and anger over some of her actions, especially with respect to their three children, to get the better of him, and he stopped paying his mandated child support for a period of time. Child- support arrearage rose to between $21,392 and $27,324. However, well before the Statement of Reasons was issued, Applicant restarted his monthly child-support payments, and he is adding an additional amount for the arrearage. Applicant’s actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 17-04109.h1


Foreign Influence; Personal Conduct

10/29/2018

Applicant mitigated foreign influence security concerns relating to his contacts with citizens and residents of foreign countries. He refuted the personal conduct security concerns related to the allegation that he failed to disclose his contacts with foreign nationals on his Questionnaire for National Security Positions or security clearance application. Eligibility for access to classified information is granted. CASE NO: 17-03743.h1


Alcohol

10/29/2018

Applicant is an admitted alcoholic with a history of alcohol adversely affecting his life. He was sober from 2000 to 2015 before he relapsed. He attended an alcohol rehabilitation program and has been sober since January 2016. Clearance is granted. CASE NO: 17-03467.h1


CAC

10/29/2018

The application of the wrong standard raises due process concerns and warrants corrective action. Adverse decision remanded. CASE NO: 17-01992.a1


Alcohol Consumption; Criminal Conduct

10/29/2018

Applicant has not mitigated the security concerns under either guideline in this case. Eligibility for a security clearance is denied. CASE NO: 17-01557.h1


CAC

10/29/2018

The application of the wrong standard raises due process concerns and warrants corrective action. Adverse decision remanded. CASE NO: 17-01458.a1


Criminal or Dishonest Conduct

10/29/2018

Common Access Card (CAC) credentialing concerns were raised under supplemental adjudicative standards for criminal or dishonest conduct, based on a history of criminal activity including violence, alcohol abuse, and rules violations. CAC eligibility is denied. CASE NO: 16-01813.h1


Drug Involvement; Personal Conduct

10/26/2018

Applicant’s history of prescription marijuana use from 2007 to at least 2017 while holding a security clearance; and his failure to admit to using marijuana illegally on two of his security clearance applications, shows poor judgment, unreliability and untrustworthiness. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 18-01253.h1


Financial; Personal Conduct

10/26/2018

Applicant’s debts arose from unique circumstances beyond her control and are mitigated because they are unlikely to recur and do not cast doubt upon her current reliability. Applicant’s omission of her debts in her security clearance application was not intentional. Clearance is granted. CASE NO: 18-00961.h1


Drug Involvement and Substance Misuse

10/26/2018

Applicant’s use of marijuana from 2014 to at least 2016, while holding a security clearance, and working in the defense industry as a Security Specialist, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 18-00896.h1


Alcohol Consumption

10/26/2018

Applicant’s history of alcohol abuse is triggered by difficult life situations. His two inpatient alcohol treatment programs, diagnosis of alcohol dependence, multiple relapses, with his last consumption of alcohol in 2016, do not show a commitment to sobriety to demonstrate that he will not return to old habits. Insufficient reform and rehabilitation shown. Clearance is denied. CASE NO: 18-00782.h1


Guideline F

10/26/2018

Applicant notes that Department Counsel in the File of Relevant Material (FORM) indicated that Applicant had $500,000 in delinquent debts. Applicant took issue with that amount. The Judge correctly found that the SOR debts totaled about $100,000. Applicant also contends that the SOR inaccurately listed three debts as delinquent when those debts had already been paid. The Judge, however, found in favor of Applicant on those three debts. Applicant has not identified any harmful error in the Judge’s decision. Adverse decision affirmed. CASE NO: 18-00420.a1


Financial

10/26/2018

Applicant’s statement of reasons (SOR) lists three delinquent debts. He paid or settled two debts, and the remaining debt is being paid, despite the unconventional method of repayment. He mitigated financial considerations security concerns. Clearance is granted. CASE NO: 17-04260.h1


Guideline E; Guideline G

10/26/2018

Applicant contends the Judge’s decision is in error because all of his alcohol incidents are in the past and he no longer consumes alcohol. He also argues that the honesty concerns under Guideline E were caused by his “alcohol consumption addiction” and are no longer a concern because he is now cured of his “alcohol disease.” In essence, Applicant is advocating for an alternative weighing of the evidence. An 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: 17-03900.a1


Personal Conduct

10/26/2018

Applicant’s erratic behavior and unsound judgment resulting in strange and menacing comments, made to coworkers, caused his company to terminate his employment, and has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 17-03898.h1


Handling Protected Information; Misuse of Information Technology; Personal Conduct

10/26/2018

Given his extensive work history in the defense industry, and his experience working with classified information, Applicant’s history of six security violations that occurred between 2013 to January 2016 is misconduct that has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 17-03757.h1


Guideline B

10/26/2018

Applicant’s statement that he resigned from his job in January 2018 raises the issue of whether the processing of his case should have ceased at that point. Adverse decision remanded. CASE NO: 17-03090.a1


Sexual Behavior; Criminal Conduct; Personal Conduct

10/25/2018

Applicant has not mitigated the security concerns raised by his Internet conversations with a person he thought was a 13-year-old girl, in which he asked her to perform sexual acts with him, and his lack of candor when interviewed by a security investigator about his conduct. CASE NO: 18-00036.h1


Financial Considerations

10/25/2018

A fair and commonsense assessment of the record evidence as a whole shows the security concerns raised by Applicant’s financial problems are mitigated. His request for a security clearance is granted. CASE NO: 17-04294.h1


Guideline F

10/25/2018

Applicant was terminated from a job for refusing to complete Federal income tax forms. He also has seven unsatisfied state tax liens. Noting Applicant’s contention that he had completed the Federal tax forms, the Judge cited to record evidence establishing the contrary. Despite Applicant’s argument that the state tax liens were “unfounded,” the Judge stated that they were supported by the record. Adverse decision affirmed. CASE NO: 17-04233.a1


Financial Considerations

10/25/2018

Applicant’s information is not sufficient to mitigate the trustworthiness concerns raised by her history of financial problems. Her request for eligibility to occupy a position of trust is denied. CASE NO: 17-03455.h1


Financial

10/25/2018

Applicant’s tax problems were due to the circumstances largely beyond her control; namely, her husband’s negligence coupled with his deceit to her over many years. These circumstances also resulted in the dissolution of their longtime marriage. Since discovering the full extent of the tax problems, she took action to remedy the situation and has filed returns and paid the amounts owed to both the IRS and the state tax authority. She is now in compliance with both the IRS and the state tax authority. Eligibility granted. CASE NO: 17-02392.h1


Financial

10/25/2018

Applicant has either paid or is paying his alleged past-due student loans. Clearance is granted. CASE NO: 17-02198.h1


Financial

10/25/2018

Applicant has significant delinquent debt that he demonstrated neither the willingness nor the means to resolve. Eligibility for access to classified information is denied. CASE NO: 17-02006.h1


Guideline B

10/25/2018

The State Department’s official pronouncements are appropriate sources for taking administrative notice of facts regarding a foreign country. Applicant cites no authority in support of his argument that findings of fact based on the State Department excerpts should be stricken from the record. Adverse decision affirmed. CASE NO: 17-01962.a1


Financial; Personal Conduct

10/25/2018

Applicant did not intentionally provide false information about his finances on a 2015 Questionnaire for National Security Positions, but he has a history of financial problems, which include a bankruptcy case, delinquent debts, and unpaid taxes. Clearance is denied. CASE NO: 17-01193.h1


Guideline F

10/25/2018

Applicant’s financial situation raises security concerns, and he had the burden of presenting evidence to demonstrate extenuation or mitigation sufficient to warrant a favorable security clearance decision. The Judge explained why the evidence Applicant provided was insufficient to overcome all the Government’s security concerns. Adverse decision affirmed. CASE NO: 17-00936.a1


Financial; Personal Conduct

10/25/2018

Applicant has significant past-due indebtedness that he has yet to address. He was also less than candid on his December 2015 Security Clearance Application as to his past-due debts. National security eligibility is denied. CASE NO: 17-00853.h1


Guideline B; Guideline E

10/25/2018

Applicant contends her answers given to the interviewer and at the hearing were truthful as she understood them. She states that she had not prepared her statement of intent and that she did not recognize that it constituted an admission of drug use. She also stated that she now understands that any attempt to use marijuana, even if unsuccessful, is not permitted. The Judge’s finding that Applicant was deliberately deceptive on her SCA is supported by substantial evidence. Adverse decision affirmed. CASE NO: 17-00582.a1


Guideline B; Guideline E

10/25/2018

Applicant’s parents and three of his siblings are citizens and residents of Iraq. None of these relatives are affiliated with the Iraqi government. Applicant has sent between $200 and $500 to his parents eight or nine times, and he has sent his siblings money as well. Adverse decision affirmed. CASE NO: 16-01423.a1


Foreign Influence; Financial

10/24/2018

Applicant mitigated foreign influence security concerns raised by family members in Iraq. His past behavior demonstrates he can resolve any potential conflict of interest in favor of the United States. His undivided allegiance to the United States is corroborated by his dependability and performance while under possible harm. He also mitigated the financial considerations concerns. Clearance is granted. CASE NO: 17-03645.h1


Financial

10/24/2018

Applicant has a history of financial problems, including multiple bankruptcy cases and unpaid federal taxes. Clearance is denied. CASE NO: 17-03617.h1


Financial; Personal Conduct

10/24/2018

Applicant’s second mortgage and two credit-card accounts were charged off for nonpayment. Some small medical debts and a car insurance debt were placed for collection. More progress is needed toward addressing his delinquencies. Personal conduct concerns because of alleged deliberate falsification were not established. Clearance is denied. CASE NO: 17-03228.h1


Financial

10/24/2018

Applicant has not mitigated the security concerns raised by his repeated failures to timely file his federal and state tax returns, his tax debts, and his Chapter 7 bankruptcy discharge. Clearance is denied. CASE NO: 17-03054.h1


Financial

10/24/2018

Applicant’s Chapter 7 bankruptcy filing does not mitigate security concerns because significant delinquent child support and student loans remain unresolved. Clearance is denied. CASE NO: 17-02375.h1


Financial; Personal Conduct

10/24/2018

Applicant mitigated the personal conduct concerns, but not the financial considerations security concerns, including failure to file federal income tax returns. Eligibility is denied. CASE NO: 15-08319.h1


Guideline F

10/23/2018

Applicant cites to his having held a clearance for many years without incident or concern, the terms of his bankruptcy payment requirement, financial obligations resulting from having children in college, and to his years of service to the DoD. He argues that, with his bankruptcy plan in place, he is well on the way to resolving his debts. Applicant’s arguments are not 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: 18-00621.a1


Personal Conduct

10/23/2018

Applicant has not mitigated the security concerns raised by his threatening messages to a rival for a woman’s attention, termination from employment, and efforts to conceal his termination for an investigator. Clearance is denied. CASE NO: 17-03840.h1


Financial Consideration

10/23/2018

During periods of unemployment in 2014-2016, Applicant incurred a number of debts. He considered bankruptcy, and alternatively, paying his debts with his income while deployed overseas as a defense contractor. He failed to provide any evidence mitigating the government’s security concerns under Guideline F. Clearance is denied. CASE NO: 17-03626.h1


Financial

10/23/2018

Applicant’s evidence is insufficient to demonstrate financial responsibility or that her financial problems are being resolved or under control. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-03029.h1


Guideline E; Guideline F

10/23/2018

Applicant’s evidence that her security-significant conduct arose from the stresses of her job and poor time management, on the whole, supports rather than undermines the Judge’s ultimate conclusion that Applicant may be lacking in qualities essential for the protection of classified information, insofar as it does not establish a justification or reasonable excuse for her problems. Indeed, a person who fails repeatedly to fulfill his or her legal obligations, such as filing tax returns and paying taxes when due, does not demonstrate the high degree of good judgment and reliability required of those granted access to classified information. Adverse decision affirmed. CASE NO: 17-01471.a1


Drugs

10/22/2018

Applicant possessed and used marijuana on several occasions from about June 2011 to about August 2015 and once in January 2018. Guideline H (drug involvement and substance misuse) security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 18-00979.h1


Financial

10/22/2018

Applicant has mitigated the security concerns raised by his Chapter 7 bankruptcy discharge and subsequent delinquent debts. Clearance is granted. CASE NO: 18-00950.h1


Personal Conduct; Criminal Conduct

10/22/2018

Although Applicant mitigated her criminal conduct, she failed to mitigate the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 18-00176.h1


Financial, Personal Conduct

10/22/2018

Applicant had six arrests or apprehensions for alcohol-related driving offenses from 1986 to April 2015. He made some positive steps towards rehabilitation; however, security concerns under Guideline G (alcohol consumption) are not mitigated. Guideline E (personal conduct) security concerns duplicate Guideline G security concerns. Eligibility for access to classified information is denied. CASE NO: 17-04327.h1


Financial

10/22/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03332.h1


Personal Conduct

10/22/2018

Applicant has not mitigated the personal conduct security concerns raised by credible allegations of inappropriate sexual activity with minors, sexual harassment and orders violations, and falsification of statements to security investigators. Eligibility for access to classified information is denied. CASE NO: 17-02592.h1


Financial

10/22/2018

Applicant has a history of financial problems, including bankruptcies, failing to timely file Federal tax returns, and unpaid Federal and state income taxes. He did not mitigate the resulting financial security concerns. National security eligibility for access to classified information is denied. CASE NO: 17-02583.h1


Financial

10/22/2018

Applicant failed to timely file federal and state income tax returns for a multi-year period; failed to pay annual Federal and state income taxes as required; and currently owes the IRS $177,584 in unpaid income taxes, interest, and penalties. He had a federal income tax lien filed, and a state garnishment of his wages imposed. In addition to unpaid federal and state income tax issues, Applicant owes $35,520 in delinquent student loans. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-01246.h1


Financial

10/22/2018

Applicant provided insufficient information about his efforts to resolve eight delinquent debts alleged on the statement of reasons. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 16-01773.h1


Financial Considerations; Personal Conduct

10/19/2018

Applicant did not provide sufficient information in response to the Government’s case to overcome the security concerns raised by his financial problems and by his intentional falsification of answers to questions in his security clearance application. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00198.h1


Financial

10/19/2018

Applicant has 13 delinquent accounts that had been placed for collection, charged off, or sold to debt purchasers. Two of the larger accounts listed in the SOR are different versions of the same account. Applicant did not ignore his delinquent accounts. Instead, he set up three different plans to resolve them, and after ruling out the first plan, he devised a strategy of following up with a combination of the two other plans. Some of his delinquent accounts have been resolved or are in the process of being resolved. The remaining debts are expected to be resolved in the near future. Applicant’s actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 17-04323.h1


Guideline F

10/19/2018

Applicant further argues that the document attached to his appeal brief is not new evidence. As best we discern, he is arguing that, since the document was in existence before the Judge rendered his decision and because it would likely affect the outcome of the decision, it was not new evidence. This argument lacks merit. New evidence consists of matters that were not previously presented to the Judge for consideration. Adverse decision affirmed. CASE NO: 17-03847.a1


Guideline F

10/19/2018

Applicant has not made a claim of factual or legal error with sufficient specificity to permit review on appeal. Applicant’s pro se status does not relieve him of the obligation to raise specific claims of error. Even though a pro se applicant’s brief cannot be expected to meet the standards expected of a lawyer’s brief, he or she must set forth specific claims of error. Adverse decision affirmed. CASE NO: 17-03372.a1


Criminal Conduct, Alcohol Consumption

10/19/2018

Applicant mitigated the criminal conduct and alcohol consumption security concerns. A sufficient period of time has elapsed since his 2014 offense and successful completion of alcohol counseling. Future alcohol-related conduct is unlikely to recur. Eligibility for access to classified information is granted. CASE NO: 17-02489.h1


Guideline F

10/19/2018

Because Applicant has not made such an allegation of error, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Adverse decision affirmed. CASE NO: 17-03190.a1


Financial

10/19/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02350.h1


Guideline F

10/19/2018

Applicant contends that the lien on his home was not held by a Federal agency, but instead by the bank that issued the Federal small business loan. His testimony at the hearing supports this claim on appeal. However, this error in the findings of fact was harmless. Adverse decision affirmed. CASE NO: 17-02018.a1


Financial

10/19/2018

Applicant had delinquent obligations, which he has satisfactorily addressed. He has mitigated the government’s security concerns under the financial considerations guideline. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-01833.h1


Security Violations

10/19/2018

Applicant explained the facts and circumstances surrounding a series of six security infractions occurring between April 2013 and March 2014. In addition, he has had no further security infractions or violations for the last four years. Taken together, the evidence is sufficient to mitigate the serious security concern stemming from the six infractions. Eligibility granted. CASE NO: 17-01535.h1


Guideline F

10/19/2018

Even though the Judge may have erred in not providing more detailed findings as well as and a more extensive analysis about the medical debts, such errors were harmless because they did not likely affect the outcome of the case in light of the other unresolved debts. Adverse decision affirmed. CASE NO: 17-01409.a1


Financial

10/18/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 18-00027.h1


Guideline E; Guideline F

10/18/2018

Because Applicant has not raised an allegation of error on the part of the Judge, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Adverse decision affirmed. CASE NO: 18-00020.a1


Drugs

10/18/2018

While on vacation abroad two years ago, Applicant and his wife decided to buy and ingest some marijuana-laced pastries they noticed for sale as that country prepared to pass legislation decriminalizing marijuana to some degree. Applicant had a security clearance and the time and knew he should not use illegal drugs. The recency of his knowing use of marijuana and his knowledge that the substance was illegal both in his host country and in the United States both raise and sustain serious questions concerning Applicant’s judgment and trustworthiness. Applicant failed to mitigate drug involvement and substance misuse security concerns. CASE NO: 17-04223.h1


Financial

10/18/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03664.h1


Financial

10/18/2018

Applicant did not mitigate the financial security concerns under the financial guideline. He has unfiled Federal and state income tax returns from 2010 to 2016. Clearance is denied. CASE NO: 17-03458.h1


Alcohol, Drugs, Personal Conduct

10/18/2018

Applicant failed to mitigate the security concerns under Guidelines G, alcohol consumption; H, drug involvement, and E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-02745.h1


Criminal Conduct, Finances

10/18/2018

Applicant pled guilty to brandishing a firearm, as well as assault and battery, during a 2014 domestic situation. He remains under probation for those charges. He had accumulated about $34,000 in delinquent debt, including a federal tax balance owed for tax year 2015, but he presented no documentary evidence showing he had made any efforts to address or pay any of the delinquent accounts at issue. Based on the limited documentary evidence and narrative provided, Applicant failed to mitigate criminal conduct and financial considerations security concerns. Clearance is denied. CASE NO: 17-02591.h1


Guideline F

10/18/2018

Applicant has not identified any harmful error in the Judge’s decision. Adverse decision affirmed. CASE NO: 17-00683.a1


Guideline E

10/18/2018

We give deference to a Judge’s credibility determinations. However, there are limits to this deference. Where the record contains a basis to question an applicant’s credibility (inconsistent statements, contrary record evidence, etc.) the Judge should address that aspect of the record explicitly, explaining why he or she finds an applicant’s version of events to be worthy of belief. Failure to do so suggests that a Judge has merely substituted a favorable impression of an applicant’s demeanor for record evidence. Favorable decision reversed. CASE NO: 15-07539.a1


Financial

10/18/2018

Applicant failed to mitigate the security concerns raised by her $12,000 in delinquent debt, which, while arguably due to circumstances beyond her control, remain largely unaddressed. Clearance denied. CASE NO: 15-05506.h1


Guideline B

10/18/2018

The evidence reflects that Applicant’s wife maintains close contact with her mother and sister, that Applicant and his wife received a $5,000 loan from his in-laws, and that he typically meets with them on his trips to China. In-laws represent a class of persons who can present a security risk. “As a matter of common sense and human experience, there is a rebuttable presumption that a person has ties of affection for, or obligation to, the immediate family members of the person’s spouse.” We find no reason to disturb the Judge’s essential conclusion that Applicant’s decision to marry his second wife while still married to his first wife raises at the very least doubts about hid judgement and trustworthiness. Adverse decision affirmed. CASE NO: 15-05357.a1


Guideline F

10/17/2018

Applicant failed to mitigate security concerns under Guideline F. He did not file his federal and state income tax returns in 2010, 2011, and 2012, and he owes over $50,000 in back taxes. Following an auto repossession, Applicant is indebted for about $8,000 on the deficiency. He has no plans to pay any of these debts, except the state has garnished his paycheck, and he is involuntarily paying down his state tax debt. He has paid eight smaller collection accounts with funds borrowed from his retirement account, but only after receiving the government’s Statement of Reasons. Clearance is denied. CASE NO: 18-00749.h1


Foreign Influence

10/17/2018

Applicant’s longstanding U.S. ties mitigate security concerns raised by his familial relations in Russia. Foreign influence security concerns are mitigated. Clearance is granted. CASE NO: 17-02927.h1


Financial

10/17/2018

While Applicant’s inability to resolve his delinquent debts was the result of his 2010 divorce, he failed to act reasonably under the circumstances and did not mitigate the security concerns raised by his finances. Eligibility for access to classified information is denied. CASE NO: 17-00727.h1


Financial

10/17/2018

Applicant presented insufficient information to mitigate the security concern stemming from his problematic financial history. Eligibility denied. CASE NO: 17-00464.h1


Financial

10/16/2018

Applicant has a history of financial problems, including delinquent debts and unpaid state income taxes. Clearance is denied. CASE NO: 18-00673.h1


Financial

10/16/2018

Applicant has 16 delinquent accounts that had been placed for collection, charged off, or filed as judgments. Among those debts are three student loan accounts; one judgment; and a variety of delinquent credit cards, charge accounts, telephone accounts, medical accounts, and Internet accounts, none of which have been addressed by Applicant over a lengthy period. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 18-00613.h1


Financial

10/16/2018

Applicant incurred significant student loan and consumer debt. He failed to file his 2012 state and federal income tax returns. Applicant is gainfully employed and failed to present sufficient information to establish that he has developed a plan to pay his student loans and debts. He has not presented any information on his efforts to make significant progress in paying and resolving his debts. His lack of responsible action fails to mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 18-00267.h1


Alcohol Consumption; Criminal Conduct

10/16/2018

Applicant committed four alcohol-related offenses between June 2004 and December 2015 and continues to drink despite professional recommendations to abstain. Risks of recurrent alcohol abuse are not mitigated. Traffic-related offenses covered under Guideline J are mitigated by the passage of time. Clearance is denied. CASE NO: 17-04005.h1


Financial

10/16/2018

Applicant provided insufficient evidence that she was unable to make greater progress addressing her delinquent debts. She owes delinquent federal income taxes for tax years 2014 and 2015, and she has not established a payment plan with the Internal Revenue Service. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-03770.h1


Foreign Influence; Financial

10/16/2018

Applicant mitigated financial considerations security concerns; however, he did not mitigate foreign influence security concerns related to his familial connections to Sudan, Saudi Arabia, and the Philippines. Eligibility for access to classified information is denied. CASE NO: 16-03419.h1


Financial

10/15/2018

Applicant has approximately $103,000 in delinquent consumer accounts. He presented no information to mitigate the security concerns. Eligibility for a security clearance is denied. CASE NO: 18-01126.h1


Financial

10/15/2018

Applicant failed to mitigate the financial trustworthiness concerns. Based on a review of the pleadings and exhibits, national security eligibility for a position of trust is denied. CASE NO: 18-00349.h1


Financial Considerations

10/15/2018

Applicant resolved his past-due mortgage debts, but he did not provide sufficient information to overcome the security concerns raised by his failure to file federal and state personal income tax returns since 2010. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00147.h1


Financial; Personal Conduct

10/15/2018

Applicant’s second mortgage and two credit-card accounts were charged off for nonpayment. Some small medical debts and a car insurance debt were placed for collection. More progress is needed toward addressing his past-due debts. Personal conduct concerns because of alleged deliberate falsification were not established. Clearance is denied. CASE NO: 17-04126.h1


Criminal conduct

10/15/2018

Applicant failed to mitigate the security concerns under Guideline J, criminal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03759.h1


Foreign Influence

10/15/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 17-03251.h1


Drugs; Personal Conduct

10/15/2018

Applicant’s last episode of illegal drug use was more than three years ago. He no longer associates with his friends who abuse illegal drugs, and he has no intention of using illegal drugs in the future. Under these circumstances, I conclude Applicant has mitigated the drug involvement and personal conduct security concerns. Clearance is granted. CASE NO: 17-02117.h1


Financial; Foreign Influence

10/15/2018

Applicant established that circumstances beyond his control contributed in part to his financial problems and that he has been acting responsibly under the circumstances. He resolved most of the financial concerns years before the issuance of the Statement of Reasons (SOR). He also mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 17-01013.h1


Alcohol consumption, criminal conduct

10/12/2018

Applicant mitigated the criminal conduct considerations and alcohol consumption security concerns. Eligibility for access to classified information is granted. CASE NO: 18-00833.h1


Finances

10/12/2018

Applicant has 25 delinquent accounts that had been placed for collection, charged off, or filed as judgments, totaling $97,245. Among those debts are 11 student loan accounts, all of which were at least 120 days or more past due; 4 separate default judgments based on unlawful detainer; $13,058 in child support arrearage; and a variety of delinquent credit cards, charge accounts, telephone accounts, medical accounts, and Internet accounts, none of which have been addressed by Applicant over a lengthy period. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 18-00504.h1


Foreign Influence

10/12/2018

Applicant mitigated security concerns raised by her foreign business interests. Clearance is granted. CASE NO: 17-04245.h1


Financial

10/12/2018

Applicant mitigated trustworthiness concerns raised by her debts. Eligibility for a public trust position is granted. CASE NO: 17-04154.h1


Financial

10/12/2018

Applicant failed to mitigate the financial considerations security concerns. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-04118.h1


Foreign Influence

10/12/2018

Applicant failed to mitigate security concerns raised by his foreign family members. Clearance is denied. CASE NO: 17-03973.h1


Financial; Personal Conduct

10/12/2018

Applicant accumulated significant debt over time, and currently has over $50,000 in delinquent debt owed to numerous creditors. He has made very little effort to resolve, pay, or legitimately dispute his delinquent accounts. Applicant also was not truthful about disclosing relevant information on his security questionnaire, as required, or provide a truthful response when interviewed by a government agent during his background investigation. Clearance is denied. CASE NO: 17-03909.h1


Foreign Influence

10/12/2018

Applicant mitigated the security concerns arising from his continuing family connections in Pakistan. Clearance is granted. CASE NO: 17-03799.h1


Financial

10/12/2018

Applicant’s delinquent debts arose due to a catastrophic illness he suffered in 2014, a circumstance beyond his control. He has been working with his creditors to set up payment plans, and he has resolved several of his delinquent accounts. Resulting security concerns were mitigated. Clearance is granted. CASE NO: 17-03369.h1


Financial

10/12/2018

Applicant mitigated the security concerns under the financial considerations guideline. Applicant's delinquent debts are being addressed in good faith. Eligibility for a security clearance is granted. CASE NO: 17-03306.h1


Foreign Preference; Foreign Influence

10/12/2018

Applicant has mitigated the security concerns raised by his dual citizenship, service in the British Army, receipt of a pension from the British Army, eligibility for a retired pension from the United Kingdom, possible inheritance of funds in the United Kingdom, and his family members and friends in the United Kingdom. Clearance is granted. CASE NO: 17-03026.h1


Financial

10/12/2018

Applicant stopped paying on some of his credit-card accounts in 2014 in anticipation of filing a Chapter 13 bankruptcy petition. He mismanaged his finances by taking on more debt than he could repay. He settled two credit-card accounts by late January 2016, but other delinquencies went unpaid. The settlement of another debt after his security-clearance hearing is not enough to fully mitigate the concerns about his financial judgment. Clearance is denied. CASE NO: 17-02599.h1


Financial

10/12/2018

Applicant has significant delinquent debt that she demonstrated neither the willingness nor the means to resolve. Resulting trustworthiness concerns were not mitigated. Eligibility for access to sensitive ADP information is denied. CASE NO: 17-00970.h1


Financial

10/12/2018

Applicant had delinquent obligations, which she has satisfactorily addressed. She has mitigated the government’s security concerns under the financial considerations guideline. Clearance is granted. CASE NO: 16-01440.h1


Financial

10/11/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-04301.h1


Drug Involvement and Substance Misuse; Personal Conduct

10/11/2018

Applicant admittedly possessed, used, and sold marijuana; purchased and used Vicodin and Percocet without a prescription; used Suboxone without a prescription; and purchased and used heroin. He was arrested and convicted of possession of marijuana. He was diagnosed as opioid dependent by two separate qualified medical or mental health professionals. He relapsed on one occasion. He was finally enrolled in a Suboxone maintenance program to fight his opioid dependence. Applicant’s actions under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-04148.h1


Criminal Conduct

10/11/2018

Applicant has mitigated the concerns related to her minor criminal conduct between 2007 and 2015. Her request for national security eligibility and a security clearance is granted. CASE NO: 17-02747.h1


Financial

10/11/2018

Applicant has a long-standing history of financial problems or difficulties going back to a 2006 Chapter 7 bankruptcy case. He intends to address his current financial problems—about $28,000 in delinquent debt—through another Chapter 7 bankruptcy case. Although he has had periods of unemployment, he did not present sufficient evidence to mitigate his financial problems, which are ongoing and unresolved. Eligibility denied. CASE NO: 17-02566.h1


Criminal or Dishonest Conduct; False Statement (CAC)-REMAND

10/11/2018

Applicant did not mitigate Common Access Card (CAC) credentialing concerns raised under the criminal or dishonest conduct and intentional false statement supplemental adjudicative standards. CAC eligibility is denied. CASE NO: 17-01990.h1


Financial; Personal Conduct

10/11/2018

Applicant did not intentionally submit false information about his finances on his 2012 and 2016 Questionnaires for National Security Positions. However, he has a history of financial problems, including delinquent debts, dismissed Chapter 13 bankruptcy cases, unfiled tax returns, and unpaid federal income taxes. Clearance is denied. CASE NO: 17-01778.h1


Financial

10/11/2018

Applicant experienced financial difficulties due to circumstances largely beyond his control, but mitigated the concern by acting responsibly. Eligibility for access to classified information is granted. CASE NO: 17-00613.h1


Criminal Conduct; Personal Conduct

10/11/2018

Applicant was charged with a gross misdemeanor firearm offense in 1995, and with felony child molestation and child rape in 2013. He deliberately omitted the firearms charge from two Electronic Questionnaires for Investigations Processing (e-QIP) that he executed in 2007 and 2015. Resulting security concerns were not mitigated. National security eligibility is denied. CASE NO: 16-01372.h1


Financial

10/10/2018

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 18-00564.h1


Financial

10/10/2018

Applicant failed to mitigate the financial considerations security concerns related to his history of delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 18-00259.h1


Financial

10/10/2018

Applicant has mitigated the financial considerations trustworthiness concerns. Position of trust is granted. CASE NO: 17-04256.h1


Misconduct or Negligence in Employment; Criminal or Dishonest Conduct

10/10/2018

Applicant engaged in conduct which placed the safety of people at risk and falsified her Declaration for Federal Employment form (306). She failed to mitigate the concerns alleged. CAC eligibility is denied. CASE NO: 17-04091.h1


Financial

10/10/2018

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-03622.h1


Foreign Influence

10/10/2018

Based on a review of the pleadings, testimony, and exhibits, I conclude that Applicant has mitigated foreign influence concerns raised by her father, stepmother, stepsister, grandparents, aunt and uncle, who are citizens and residents of China; as well as the concerns raised by her spouse, father-in-law, cousin, and friends who are all citizens of China residing in the United States. Her request for a security clearance is granted. CASE NO: 17-03620.h1


Personal Conduct

10/10/2018

Applicant failed to mitigate the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02906.h1


Financial; Personal Conduct

10/10/2018

Applicant accumulated significant debt over time, and currently has over $36,000 owed to numerous creditors. She has made very little effort to resolve, pay, or legitimately dispute her delinquent accounts. Applicant also has a history of failing to follow rules, laws, and regulations. She was not truthful about disclosing adverse information on her SCA, as required. Clearance is denied. CASE NO: 17-02395.h1


Personal Conduct; Misuse of Information Technology

10/10/2018

Applicant submitted fraudulent invoices to his employer for reimbursement of expenses during a long-term work assignment. His fraudulent claims totaled more than $10,000. After Applicant submitted his employment resignation, he downloaded thousands of electronic files from his employer’s computer system, to include proprietary information, without authorization. He failed to mitigate the security concerns under Guidelines E and M. Eligibility for access to sensitive information is denied. CASE NO: 17-01856.h1


Financial

10/10/2018

Applicant experienced financial difficulties due to circumstances largely beyond his control, but mitigated the concern by acting responsibly. Eligibility for access to classified information is granted. CASE NO: 17-00964.h1


Financial

10/10/2018

Applicant incurred delinquencies on his second mortgage loan, two consumer debts, and Federal income taxes due to circumstances that were temporarily beyond his control. He took responsible action to improve those circumstances, is financially stable, and has resolved all formerly delinquent debts. Resulting security concerns were mitigated. National security eligibility is granted. CASE NO: 17-00485.h1


Foreign Influence; Drug Involvement and Substance Misuse; Personal Conduct

10/10/2018

Applicant had has relatives who are citizens and relatives of Djibouti. In 2013 he used a controlled substance while holding a security clearance and failed to report the use on a security questionnaire. He has mitigated the government’s security concerns. Clearance is granted. CASE NO: 16-03169.h1


Financial Considerations

10/09/2018

Applicant did not provide sufficient information in response to the Government’s case to overcome the security concerns raised by her financial problems. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00817.h1


Foreign Influence

10/09/2018

Applicant has mitigated the foreign influence security concerns raised by his contacts and prior financial support of a friend in Cuba. Access to classified information is granted. CASE NO: 17-03227.h1


Alcohol Consumption; Criminal Conduct

10/09/2018

Applicant was involved in four alcohol-related incidents between July 2007 and June 2014. He has since completed alcohol monitoring conditions imposed by the courts and has avoided any recurrences over the past four years. Alcohol consumption and overlapping criminal conduct concerns are mitigated. Eligibility to hold a security clearance is granted. CASE NO: 17-00698.h1


Financial

10/09/2018

Applicant accumulated delinquent mortgage and consumer debts between 2009 and 2018 that he has not addressed with payment or payment agreements. Loan modification applications on his first mortgage have not been approved by his lender while Applicant continues to reside in the home. Projected deficiencies for the second mortgagee holding a purchase money mortgage in the event of a foreclosure do not relieve him of his payment responsibilities over the life of the loan preceding foreclosure. Financial concerns over Applicant's accumulation of major delinquent debts are not mitigated. Eligibility to hold a security clearance is denied. CASE NO: 16-03658.h1


Financial

10/09/2018

Applicant mitigated the security concerns raised by his delinquent debts and failure to timely file a federal income tax return for tax year 2013. Clearance is granted. CASE NO: 16-01191.h1


Drug Involvement; Personal Conduct

10/05/2018

Applicant’s history of hashish use while holding a security clearance, and his multiple and deliberate falsifications on his security clearance applications; and during interviews with DoD investigators concerning his illegal drug use; have not been mitigated by sufficient evidence of reform or rehabilitation. Clearance is denied. CASE NO: 18-00169.h1


Financial; Drug Involvement; Personal Conduct

10/05/2018

Applicant’s delinquent student loans remain outstanding. She has also used marijuana from 2010 to the present, and deliberately falsified her security clearance application concerning her marijuana use. She plans to continue to use marijuana in the future. There is insufficiently evidence of reform and rehabilitation. Clearance is denied. CASE NO: 18-00090.h1


Financial

10/05/2018

Applicant failed to mitigate the financial concerns raised by delinquent debts, including student loans and consumer debts, and was unable to overcome his intentional abuse of a corporate travel card to pay for another person’s expenses. Eligibility for access to classified information is denied. CASE NO: 17-04330.h1


Financial

10/05/2018

Applicant did not provide sufficient evidence to mitigate financial security concerns over his long history of past-due child support debts and late or unfiled annual state and federal income tax returns. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-02003.h1


Financial

10/05/2018

Applicant failed to mitigate the financial concerns raised by delinquent debts including an unpaid judgment. Eligibility for access to classified information is denied. CASE NO: 17-01866.h1


Personal Conduct

10/04/2018

While serving in the military, Applicant intentionally submitted false documents in order to defraud the U.S. Government. He requested a discharge in lieu of trial by court-martial and was discharged under other than honorable conditions. Clearance is denied. CASE NO: 18-00173.h1


Drug Involvement; Criminal Conduct; Financial

10/03/2018

While Applicant is financially stable following her most recent bankruptcy filing, her fairly recent 2017 drug involvement and related criminal conduct are not mitigated. Clearance is denied. CASE NO: 18-00978.h1


Financial

10/03/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 18-00237.h1


Financial

10/03/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 18-00019.h1


Financial

10/03/2018

Although it is now mid-to-late 2018, Applicant failed to make documented good-faith efforts to resolve his delinquent accounts, totaling approximately $163,181, some of which were charged off in 2010, with one account charged off as early as 2006. With the exception of unpaid federal income taxes for the tax years 2014 and 2015, which were finally resolved when the Internal Revenue Service applied his 2017 refund to those balances, all of his other delinquent debts, including one for $73, remain unresolved. Applicant’s primary efforts were to dispute his delinquent accounts to have them deleted from his credit reports. Because of his failure to submit documentation or information regarding his current finances, or his planned efforts to resolve his outstanding debts, which he claims he is unable to do, his financial situation is unknown. Applicant’s actions with respect to his finances under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-04173.h1


Alcohol; Criminal Conduct

10/03/2018

Applicant has not mitigated the concerns related to his three alcohol-related arrests between 2010 and 2015. He is on probation until 2021 and continues to drink. His request for national security eligibility and a security clearance is denied. CASE NO: 17-03020.h1


Financial

10/03/2018

Applicant failed to mitigate the financial considerations security concerns related to his delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-02419.h1


Financial

10/03/2018

Through an Offer of Compromise with the IRS, Applicant is addressing his tax lien. Clearance is granted. CASE NO: 17-00944.h1


Financial

10/03/2018

Applicant has yet to address an admitted past-due debt of about $10,000. Clearance is denied. CASE NO: 17-00109.h1


Sexual Behavior; Personal Conduct

10/03/2018

During college about 15 years ago, while downloading music files through use of an internet file-sharing service, Applicant inadvertently downloaded and viewed a single image of child pornography. He deleted the image. The allegation that he downloaded multiple such images is not established. Applicant’s conduct did not constitute sexual behavior under Guideline D. Applicant mitigated resulting security concerns cross-alleged under Guideline E, personal conduct. Applicant’s eligibility for access to classified information is granted. CASE NO: 15-00853.h1


PGuideline F

10/02/2018

Applicant’s arguments amount to a disagreement with the Judge’s weighing of the evidence and are not sufficient to show the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 17-04235.a1


Personal Conduct; Criminal Conduct

10/02/2018

Applicant has a history of criminal arrests, and he intentionally provided false information about his criminal record on a December 2015 Questionnaire for National Security Positions. Clearance is denied. CASE NO: 17-03092.h1


Guideline E; Guideline K; Guideline M

10/02/2018

An applicant’s security related conduct can be alleged under more than one guideline and, in an appropriate case, be given independent weight by an administrative judge under different guidelines. Adverse decision affirmed. CASE NO: 17-01870.a1


Financial

10/02/2018

Applicant mitigated the security concerns raised by his delinquent accounts by demonstrating that his financial problems were largely due to circumstances beyond his control, that he had successfully completed a mortgage loan modification, and that he had only resorted to a Chapter 13 bankruptcy filing because the various parties dealing with his house damage claim could not agree on a settlement amount. Clearance granted. CASE NO: 15-08273.h1


Financial

10/02/2018

Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 15-02747.h1


Guideline F

10/02/2018

Applicant’s arguments are neither enough to rebut the presumption that the Judge considered all of the record evidence nor 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: 12-09421.a2


Foreign Influence

10/01/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 18-00601.h1


Drug Involvement, Personal Conduct

10/01/2018

Applicant failed to mitigate concerns raised by his history of marijuana use, purchase, and continued use after being granted public trust eligibility in June 2011. He also failed to mitigate personal conduct concerns raised by his drug involvement and the falsification of two personnel security questionnaires. His request for eligibility to occupy a position of trust is denied. CASE NO: 18-00102.h1


Financial

10/01/2018

Applicant failed to file Federal income tax returns for three years. He did not mitigate the resulting financial security concerns. National security eligibility for access to classified information is denied. CASE NO: 17-04311.h1


Financial

10/01/2018

Applicant fell behind on her debts after underestimating the financial impact of switching to a lesser-paying job. Having adjusted to the new job’s reduced pay, her finances are stable, as she has satisfied her delinquent commercial debts, and has become current on her student loan payments. I conclude she has mitigated the security concern. Clearance is granted. CASE NO: 17-04121.h1


Financial; Personal Conduct

10/01/2018

Applicant failed to mitigate the security concerns raised by her history of financial problems and the intentional falsification of her security clearance application. Clearance is denied. CASE NO: 17-03638.h1


Financial

10/01/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03208.h1


Financial

10/01/2018

Although Applicant has paid two of his outstanding debts, and made payment plans to satisfy two other debts, this progress is insufficient to carry the burden in light of the amount that remains outstanding, and the recency of the payment plans. CASE NO: 17-02232.h1


Criminal Conduct; Drugs

10/01/2018

Given the amount of time that has elapsed since Applicant’s last arrest, the amount of time that has passed since his last use of marijuana, and his exceptional career growth over the past few years, I conclude that Applicant has mitigated the security concerns. Clearance is granted. CASE NO: 17-02120.h1


Financial

09/28/2018

Applicant provided insufficient evidence that he was unable to make greater progress addressing the debts alleged in the statement of reasons (SOR). Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 18-01259.h1


Financial

09/28/2018

Applicant did not mitigate security concerns related to her finances because she has not been proactive in resolving her student loan accounts. Clearance is denied. CASE NO: 18-00503.h1


Financial

09/28/2018

Applicant has made no progress toward resolving a home-equity credit line that was charged off for $37,193 in February 2015 or on a line of credit that was charged off for $4,482 in October 2014. As of May 2018, he had made some payments toward a collection debt, but more progress is needed in addressing his delinquencies. Clearance is denied. CASE NO: 17-04354.h1


Drugs; Personal Conduct

09/28/2018

Applicant used marijuana while holding a security clearance and after he specifically stated that he would no longer use illegal drugs. Clearance is denied. CASE NO: 17-04198.h1


Personal Conduct

09/28/2018

Applicant mitigated the personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 17-01467.h1


Financial

09/28/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant did not provide sufficient evidence to meet his burden. Eligibility for a security clearance is denied. CASE NO: 17-01371.h1


Personal Conduct

09/27/2018

Applicant did not mitigate the security concerns about his deliberate falsification of answers to questions in his security clearance application or his false statements to a government investigator during a personal subject interview (PSI). Applicant’s request for a security clearance is denied. CASE NO: 18-00556.h1


Financial

09/27/2018

Applicant acted responsibly under the circumstances and mitigated security concerns that resulted from periods of unemployment and underemployment, and medical bills incurred when she did not have health insurance. Clearance is granted. CASE NO: 18-00433.h1


Financial Considerations; Personal Conduct

09/27/2018

Applicant did not provide sufficient information in response to the Government’s case to overcome the security concerns raised by his financial problems and by his intentional falsification of answers to questions in his security clearance application. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00256.h1


Guideline B

09/27/2018

Applicant contends that his relationship with his father is casual. This argument is not persuasive. He has weekly contact with his father, provided him about $30,000 in support between 2012 and 2017, and is sponsoring him for immigration to the United States. He failed to rebut the presumption that contacts with immediate family members are not casual. Adverse decision affirmed. CASE NO: 17-03981.a1


Drugs

09/27/2018

Applicant failed to mitigate the security concern raised by his use of marijuana and cocaine. Eligibility denied. CASE NO: 17-03486.h1


Financial

09/27/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03261.h1


Financial Considerations

09/27/2018

Applicant did not provide sufficient information in response to the Government’s case to overcome the security concerns raised by her financial problems. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 17-02417.h1


Financial

09/27/2018

Applicant provided insufficient evidence that she was unable to make greater progress addressing two delinquent student loans. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 16-03228.h1


Foreign Influence; Financial

09/27/2018

Applicant has not mitigated the concerns related to his family members who are Chinese citizens. He also has not mitigated the fact of his extensive past-due indebtedness. His request for national security eligibility and a security clearance is denied. CASE NO: 16-03172.h1


Guideline E; Guideline F

09/27/2018

The Directive provides that an applicant whose security clearance has been finally denied or revoked by DOHA is barred from reapplication for one year from the date of the initial unfavorable clearance decision. Adverse decision affirmed. CASE NO: 16-02523.a1


Guideline F

09/27/2018

If Applicant believed that there was nevertheless going to be some sort of hearing, it was not due to the nature or quality of the guidance that she received from DOHA. Adverse decision affirmed. CASE NO: 16-01977.a1


Foreign Influence

09/26/2018

Applicant mitigated the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is granted. CASE NO: 18-00547.h1


Foreign Influence, Personal Conduct

09/26/2018

Applicant mitigated the security concerns under Guideline B, foreign influence, and refuted the personal conduct allegations under Guideline E. Eligibility for access to classified information is granted. CASE NO: 17-03882.h1


Financial

09/26/2018

After a hearing and in a Decision dated September 26, 2018, I found in favor of Applicant and granted him access to classified information (Decision). The Government appealed that Decision, and based upon the Appeal Board’s December 18, 2018 Decision and on remand, I find against Applicant. CASE NO: 17-03462.h1


Financial

09/26/2018

Applicant acted responsibly under the circumstances and mitigated security concerns that resulted from unemployment, medical problems, and a failed business venture. Clearance is granted. CASE NO: 17-03439.h1


Foreign Influence, Financial

09/26/2018

Applicant mitigated the security concerns arising from family connections in Iraq and from a federal tax lien. Based upon a review of the record as a whole, national security eligibility for access to classified information is granted. CASE NO: 17-03009.h1


Personal Conduct

09/26/2018

Applicant failed to mitigate the security concerns under Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-02086.h1


Financial; Foreign Influence

09/26/2018

Due to circumstances largely beyond his control, Applicant experienced financial difficulties. However, Applicant acted responsibly under the circumstances and has mitigated the potential financial security concern. Applicant has mitigated the foreign influence security concerns raised by his wife’s family members who are citizens and residents of Azerbaijan. Access to classified information is granted. CASE NO: 17-00937.h1


Personal Conduct; Financial

09/26/2018

Applicant failed to mitigate the security concerns arising from his attempt to conceal his felony arrest for aggravated assault while applying to renew his clearance. National security eligibility is denied. CASE NO: 16-00979.h1


Financial; Foreign Influence

09/26/2018

Applicant mitigated the security concerns raised by his delinquent accounts by demonstrating that his financial problems were largely due to circumstances beyond his control, that he had successfully completed a mortgage loan modification, that he had entered a repayment plan with the IRS in May 2014, that he had initiated a successful Chapter 7 bankruptcy in March 2011 (discharged in March 2014), and had begun paying off his delinquent education loans 2012. He was not subject to foreign influence because of his U.S. legally-resident wife from the PRC or of his PRC parents- in- law. Clearance granted. CASE NO: 14-02149.h1


Financial Considerations

09/25/2018

Available information is not sufficient to overcome the security concerns raised by the Government’s adverse information about Applicant’s financial problems. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00279.h1


Financial

09/25/2018

Applicant did not provide sufficient evidence to mitigate his problematic financial history. Clearance is denied. CASE NO: 17-04350.h1


Financial

09/25/2018

Applicant failed to file his federal income tax returns for tax years 2000 through 2006. He presented no evidence of efforts to pay his delinquent state and federal taxes. He has a history of financial problems and his evidence is insufficient to establish a track record of financial responsibility. He failed to demonstrate good judgment, reliability, and ability to comply with the law. He has a problem complying with well-established government rules. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-03363.h1


Financial, Personal Conduct

09/25/2018

Applicant mitigated the Guideline E, personal conduct trustworthiness concerns, but failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 17-02409.h1


Foreign Influence

09/25/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 17-01140.h1


Financial

09/25/2018

Applicant failed to mitigate the security concerns raised by his failure to timely file his state and Federal tax returns, resulting in significant delinquent tax debt for which he had no significant track record of payments. Clearance denied. CASE NO: 16-02243.h1


Financial

09/24/2018

Applicant mitigated the financial considerations security concerns, by filing for bankruptcy protection. Eligibility is granted. CASE NO: 18-00317.h1


Drug Involvement and Personal Conduct

09/24/2018

This case involves security concerns raised under Guidelines H and E, involving Applicant’s history of illegal drug use until 2017. Eligibility for access to classified information is denied. CASE NO: 17-04387.h1


Personal Conduct

09/24/2018

Applicant has a pattern of rule violations at her past place of employment. Despite her best efforts, she was unable to meet her employer’s deadline requirements. For the past two years, Applicant has been working for a new employer in a different work environment. Her current supervisor reported that Applicant is able to meet her assignment deadlines, and she is well-liked by her co-workers and clients. She is considered a valuable employee. Applicant’s current conduct shows that she is reliable, trustworthy, and she uses good judgment. The resulting security concerns are mitigated. Clearance is granted. CASE NO: 17-03586.h1


Financial

09/24/2018

Applicant’s spouse stopped paying on some of his credit card accounts without his knowledge. After he was notified by the IRS that he owed taxes for 2012, he ran a credit check in 2016 and learned that some of his credit accounts were seriously delinquent. He has been repaying most of his delinquent consumer credit debts since 2016 and has taken steps to address federal and state income tax issues from tax year 2012. Clearance is granted. CASE NO: 17-03576.h1


Sexual Behavior, Personal Conduct

09/24/2018

Applicant has not mitigated the sexual behavior and personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03362.h1


Financial, Personal Conduct

09/24/2018

Applicant failed to mitigate security concerns raised by his debts and personal conduct. Clearance is denied. CASE NO: 12-06431.h1


Financial

09/21/2018

Applicant has not mitigated the security concerns raised by his failure to pay delinquent debts. Clearance is denied. CASE NO: 18-00502.h1


Financial

09/21/2018

Applicant has not mitigated the trustworthiness concerns raised by her delinquent debts. Eligibility for a public trust position is denied. CASE NO: 18-00329.h1


Financial

09/21/2018

Applicant incurred significant student loan and consumer debt during her marriage. When she divorced and lost her husband’s income, she claimed not to have the financial resources to pay her debts. However, Applicant was gainfully employed and failed to present sufficient information to establish that she has developed a plan to pay her student loans and debts. She has not presented any information on her efforts to make significant progress in paying and resolving her debts. Her lack of responsible action fails to mitigate financial trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-04321.h1


Guideline E; Guideline F

09/21/2018

While pro se applicants cannot be expected to act like lawyers, they are expected to take timely, reasonable steps to protect their rights under the Directive. Adverse decision affirmed. CASE NO: 17-03689.a1


Financial

09/21/2018

Applicant did not file several years of annual state and federal income tax returns on time, as required. These late filings were largely due to conditions beyond his control, including a nonresponsive accountant. Under the circumstances, Applicant undertook responsible, good-faith efforts to remediate the problem by hiring a second, better qualified accountant, who prepared and filed his past-due tax returns, and by keeping his employer informed. Applicant’s tax filing issues are unlikely to recur, and no longer cast doubt on his current judgment, trustworthiness and reliability. Applicant provided sufficient evidence to mitigate financial security concerns. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-03230.h1


Financial

09/21/2018

Applicant failed to mitigate the financial concerns raised by delinquent taxes and other debts. Eligibility for access to classified information is denied. CASE NO: 17-02305.h1


Foreign Influence

09/21/2018

Applicant’s longstanding ties in the United States outweigh security concerns raised because his in-laws are citizens of and reside in Pakistan. Clearance is granted. CASE NO: 17-02060.h1


Drug Involvement, Personal Conduct

09/21/2018

Applicant mitigated the security concerns under drug involvement . He falsified two security clearance applications and has not mitigated the personal conduct security concern. Eligibility for a security clearance process is denied. CASE NO: 17-00565.h1


Guideline F

09/21/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 17-00192.a1


Guideline F

09/21/2018

The record as a whole supports the Judge’s overall conclusion that Applicant did not meet his burden of persuasion. Applicant’s arguments are not enough to rebut the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 16-03281.a1


Financial

09/20/2018

Applicant has not paid or otherwise resolved any of her delinquent debts. Eligibility for access to sensitive information is denied. CASE NO: 18-00109.h1


Foreign Influence

09/20/2018

Applicant mitigated the security concerns raised by the presence of his family members in India, and by his financial and property interests there. Applicant’s request for a security clearance is granted. CASE NO: 17-04140.h1


Financial

09/20/2018

Applicant has not mitigated the trustworthiness concerns raised by her delinquent debts. CASE NO: 17-03763.h1


Guideline F

09/20/2018

The Appeal Board has previously noted that it is reasonable for a Judge to expect applicants to present documentation corroborating their claims that debts have been satisfied, are being resolved, or have been disputed. Adverse decision affirmed. CASE NO: 17-03247.a1


Drugs; Personal Conduct; Criminal Conduct

09/20/2018

Applicant has not mitigated the concerns related to his drug use, and its related personal conduct and criminal conduct. His request for national security eligibility and a security clearance is denied. CASE NO: 17-01800.h1


Financial

09/20/2018

Applicant filed for Chapter 7 bankruptcy after obtaining his full-time DOD contractor employment, with approximately $78,000 of unsecured debt discharged that same year. Despite being fully employed, he has since accumulated additional debt and his wages have been garnished to satisfy several creditors. He failed to file state income tax returns for four consecutive years. The resulting financial security concerns were not mitigated. Clearance is denied. CASE NO: 12-10977.h1


Financial

09/19/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. CASE NO: 18-00938.h1


Financial

09/19/2018

Applicant failed to timely file his 2007 through 2012 Federal tax returns. However, his failure to timely file was due to a lack of understanding and he has since filed the returns. Eligibility for access to classified information is granted. CASE NO: 18-00620.h1


Financial

09/19/2018

Applicant has not mitigated the security concerns raised by his failure to timely pay federal and state income taxes and other delinquent debts. Clearance is denied. CASE NO: 17-04376.h1


Guideline F

09/19/2018

Applicant argues that he was addressing his tax problems in a reasonable manner. He argues specifically that the record does not support the Judge’s conclusion that it was the issuance of the SOR that prompted him to resolve his tax problem. Applicant’s argument is not enough to rebut the presumption that the Judge considered all of the evidence in the record or to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 17-04353.a1


Financial

09/19/2018

Applicant has not mitigated the security concerns raised by his delinquent debts and failure to timely pay state payroll taxes. Clearance is denied. CASE NO: 17-03771.h1


Financial

09/19/2018

Applicant accumulated delinquent mortgage, student loan, and consumer debts during periods of layoffs and reduced income with associated medical issues not covered by his wife's medical insurance. Financial concerns are mitigated. Clearance is granted. CASE NO: 17-02791.h1


Financial

09/19/2018

Applicant filed his delinquent income tax returns and satisfied the corresponding delinquent income tax debt. He has no current delinquencies and has $1,200 of monthly discretionary income that he deposits in a savings account. I conclude Applicant has mitigated the financial considerations security concern. Clearance is granted. CASE NO: 17-02291.h1


CAC

09/19/2018

We conclude that application of the wrong standard raises due process concerns and warrants corrective action. Given these circumstances, the best resolution is to remand the case to the Judge for correction of the identified error and issuance of a new decision consistent with the requirements of the Instruction. Adverse decision remanded. CASE NO: 17-01990.a1


Guideline F

09/19/2018

A Judge is required to evaluate an applicant’s security concerns in light of the entirety of the record evidence. Adverse decision affirmed. CASE NO: 16-04053.a1


Financial

09/19/2018

Although Applicant has taken some steps to resolve her outstanding tax debt, she has failed to address the underlying problem, and establish that her tax problems are under control. Clearance is denied. CASE NO: 16-02584.h2


Guideline B; Guideline C

09/19/2018

We gave due consideration to the Hearing Office case that Applicant has cited, but it is not binding precedent on the Appeal Board. The cited case is also distinguishable from this case because, among other matters, it involves a foreign country other than Iraq. Adverse decision affirmed. CASE NO: 16-02061.a1


Financial

09/18/2018

Applicant’s excessive delinquent debt has not been resolved. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 18-00552.h1


Guideline F

09/18/2018

We conclude the challenged finding that Applicant’s child support arrearage had been resolved is erroneous. Applicant did not begin addressing his financial problems in earnest until after he had received the SOR. The Judge did not seriously address this, although we have long held that the timing of an applicant’s debt payments is a relevant matter in evaluating the applicant’s reliability and judgment. Favorable decision reversed. CASE NO: 17-00569.a1


Financial

09/17/2018

Applicant failed to mitigate the security concerns raised by his past-due and delinquent debts. He has a long history of financial problems and the only payments currently being made on his debts are the result of involuntary wage garnishments. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 18-00478.h1


Drugs

09/17/2018

Applicant did not mitigate the security concerns raised by his use of marijuana in 2017 while holding a security clearance. His request for continued eligibility for a security clearance is denied. CASE NO: 18-00340.h1


Drug Involvement, and Substance Misuse

09/17/2018

Applicant did not mitigate the drug involvement and substance abuse trustworthiness concerns under Guideline H. Eligibility for public position of trust is denied. CASE NO: 18-00166.h1


Financial

09/17/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 18-00163.h1


Guideline E; Guideline F

09/17/2018

We conclude that the Judge’s material findings are based upon substantial evidence or constitute reasonable inferences from the evidence. Applicant has not cited to a harmful error in the Judge’s decision. Adverse decision affirmed. CASE NO: 17-02918.a1


Drugs; Personal Conduct

09/17/2018

Applicant did not mitigate the security concerns about his involvement with illegal drugs or his falsification of answers to questions in his security clearance application. Applicant’s request for a security clearance is denied. CASE NO: 17-02603.h1


Guideline E; Guideline F

09/17/2018

Applicant’s appeal brief raises no allegation of error on the part of the Judge. Rather, it contains reference letters that were not previously presented to the Judge for consideration. The Appeal Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 17-02496.a1


Personal Conduct; Financial; Criminal Conduct

09/17/2018

Applicant mitigated the security concerns raised by his criminal conduct, but he has not mitigated the security concerns raised by his personal conduct, delinquent debts, and tax delinquencies. Clearance is denied. CASE NO: 17-01568.h1


Misconduct or Negligence in Employment; Intentional False Statement

09/17/2018

Applicant mitigated Common Access Card (CAC) credentialing concerns raised under the misconduct or negligence of employment and intentional false statement standards set forth in the supplemental adjudicative standards. CAC eligibility is granted. CASE NO: 17-01101.h1


Foreign Influence

09/17/2018

Applicant failed to mitigate the security concerns arising from his continuing family connections in Iraq. Based upon a review of the record as a whole, including the Remand Order, national security eligibility for access to classified information is denied. CASE NO: 17-00629.h2


Financial

09/14/2018

Applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concern stemming from her history of financial problems or difficulties, which are ongoing. Eligibility denied. CASE NO: 18-00657.h1


Financial (ADP)

09/14/2018

Applicant did not mitigate the trustworthiness concerns about her delinquent debts. Eligibility for a position of public trust is denied. CASE NO: 18-00589.h1


Financial

09/14/2018

Applicant settled and paid 9 of 12 delinquent debts listed on his statement of reasons (SOR). The creditors for two SOR debts are not seeking payment, and one SOR debt for $794 is in the process of being settled. Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 18-00339.h1


Financial

09/14/2018

Applicant presented insufficient information to mitigate the financial considerations security concern. He has not met his burden of proof. Clearance is denied. CASE NO: 17-03327.h1


Drugs; Personal Conduct

09/14/2018

Applicant used cocaine from 1995 until 2013. She was eligible for access to classified information from the late 1990s. She did not report her cocaine use on security clearance applications in 2001 and 2008. Applicant did not provide sufficient information to mitigate security concerns for drug involvement and substance misuse and personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03225.h1


Foreign Influence

09/14/2018

Based on a review of the pleadings, testimony, and exhibits, I conclude that Applicant has mitigated foreign influence concerns raised by his spouse, parents, brothers, and half-brothers who are citizens (or dual citizens) of Iraq, as well as his grandmother, mother-in-law, co-worker, aunts, cousin, and friend, who are citizens and residents of Iraq. His request for a security clearance is granted. CASE NO: 17-02863.h1


Personal Conduct; Finances

09/14/2018

Applicant became romantically involved with a woman whose own alcohol issues led him to resume alcohol consumption after years of abstinence. She and her children also became an economic burden for Applicant. Applicant has made demonstrated strides in addressing the delinquent debt he acquired during their time together. His conduct with regard to alcohol and his falsities to a Department of Defense investigator in 2016 regarding his past abuse of alcohol, however, remain troublesome. Given the record as it now stands, Applicant mitigated financial considerations security concerns, but failed to mitigate security concerns related to personal conduct. Clearance is denied. CASE NO: 17-00213.h1


Alcohol, Financial

09/13/2018

Applicant has a history of alcohol-related arrests and delinquent debts. He failed to mitigate the resulting financial and alcohol security concerns. Based on the record evidence, national security eligibility for access to classified information is denied. CASE NO: 17-03674.h1


Guideline F

09/13/2018

Applicant claims the lien is not for unpaid taxes but resulted from a lapse in mandatory vehicle insurance coverage. He also claims he is disputing that debt. The Judge’s findings and conclusions about the tax lien are based on “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: 17-02974.a1


Drugs

09/13/2018

Applicant presented sufficient evidence to explain and mitigate his self-reported history of drug involvement and substance misuse. Eligibility granted. CASE NO: 17-02605.h1


Guideline F

09/13/2018

Applicant describes his difficulties in working out a repayment plan with the IRS; asserts that his problems were not due to irresponsibility; and notes that his credit reports do not show any additional financial delinquencies. He also cites to his character evidence. Applicant’s arguments are not enough to rebut the presumption that the Judge considered all of the evidence in the record or to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 17-01791.a1


Guideline E; Guideline F

09/13/2018

The challenged finding was that Applicant had not provided documentary corroboration of payment of any of his non-mortgage debts. This comment is consistent with the record that was before the Judge. Adverse decision affirmed. CASE NO: 17-00966.a1


Guideline E; Guideline F; Guideline H

09/13/2018

The adverse impact that an unfavorable decision may have on an applicant is not a relevant consideration in evaluating his security eligibility. Adverse decision affirmed. CASE NO: 16-04036.a1


Guideline E; Guideline F

09/13/2018

Applicant has not demonstrated error below and is not entitled to a hearing just so he can have another opportunity to present his case. Adverse decision affirmed. CASE NO: 12-08300.a1


Guideline D; Guideline E

09/13/2018

Based on the record evidence, we find no reason for disturbing the Judge’s conclusion that Applicant failed to establish that he disclosed the “full scope” of his inappropriate conduct to his employer. Adverse decision affirmed. CASE NO: 12-04943.a1


Alcohol; Criminal Conduct

09/12/2018

Applicant mitigated the security concerns arising under Guideline G, alcohol consumption, because his alcohol-related offenses are not recent and he modified his alcohol consumption. Applicant did not provide sufficient information to mitigate the security concerns under Guideline J, criminal conduct. Eligibility for access to classified information is denied. CASE NO: 17-01942.h1


Foreign Influence

09/12/2018

Applicant is a naturalized U.S. citizen who was born in Taiwan. His wife and two children live with him in the United States and are U.S. citizens. He has mitigated any foreign influence concerning relatives who are citizens and residents of Taiwan. Eligibility for a security clearance process is granted. CASE NO: 16-04056.h2


Financial

09/11/2018

Applicant has mitigated the concerns related to his financial delinquencies. His request for national security eligibility and a security clearance is granted. CASE NO: 16-03635.h1


Financial

09/11/2018

Applicant mitigated the concerns raised under the financial considerations guideline. Clearance is granted. CASE NO: 16-03547.h1


Financial

09/10/2018

Applicant presented sufficient information to mitigate the financial considerations security concern. He met his burden of proof. Clearance is granted. CASE NO: 17-04191.h1


Financial; Criminal Conduct

09/10/2018

Applicant’s debts have accumulated over the years, to the point that his overall debt is substantial. There is no showing that Applicant has a viable plan to resolve his delinquent debts, or any information in the file to support that he has paid even the smallest debt alleged in the SOR. He mitigated the criminal security concerns, but he failed to demonstrate overall use of good judgment and responsible action with his finances. The resulting financial security concerns were not mitigated. Clearance is denied. CASE NO: 17-04123.h1


Financial

09/10/2018

Applicant failed to live within his means and has filed for bankruptcy on more than one occasion. His most recent bankruptcy was dismissed and he is responsible for approximately $75,000 of debt with his unsecured creditors. Those debts have not been addressed or resolved. Applicant has purchased three new cars within the last three years after the bankruptcy was dismissed. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 17-03780.h1


Financial

09/10/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03406.h1


Financial

09/10/2018

Applicant has satisfied his delinquencies or is satisfying them through payment plans. He has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-02749.h1


Guideline F

09/10/2018

We find no reason to believe that Applicant was denied a fair opportunity to present his case in mitigation. Adverse decision affirmed. CASE NO: 17-02463.a1


Guideline E; Guideline F

09/10/2018

The Judge’s findings are supported by substantial evidence, that is, “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of all the contrary evidence in the same record.” Directive ¶ E3.1.32.1. Adverse decision affirmed. CASE NO: 17-02145.a1


Foreign Influence

09/10/2018

Applicant is a linguist for U.S. Army forces operating in Afghanistan who has immediate family members who are citizens and residents of Afghanistan, a country with allied interests with the United States, but still one that presents heightened risks of pressure and coercion for family members situated in the country. Applicant's demonstrated loyalties and devotion to U.S. security interests as a military linguist embedded with U.S. Army forces is sufficient, considering all of the circumstances presented, to overcome foreign influence concerns. Foreign influence concerns are mitigated. Clearance is granted. CASE NO: 17-02142.h1


Financial

09/10/2018

Applicant provided insufficient evidence that he was unable to make greater progress addressing his substantial delinquent child-support debt. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01915.h1


Financial

09/10/2018

Applicant presented sufficient information to mitigate his delinquent mortgage alleged in the SOR. Eligibility for access to classified information is granted. CASE NO: 17-00665.h1


Criminal Conduct, Financial, Personal Conduct

09/10/2018

Applicant has a pattern of criminal offenses. He was charged with six crimes from 1997 to 2015, to include several charges of domestic violence. He was classified as a medium risk offender following treatment. He also failed to file state and Federal income tax returns for 2014 and 2015. He mitigated the financial security concerns, but he failed to demonstrate rehabilitation and overall use of good judgment. The resulting criminal and personal conduct security concerns were not mitigated. Clearance is denied. CASE NO: 16-03880.h1


Financial, Personal Conduct

09/10/2018

Applicant failed to mitigate the financial considerations and personal conduct security concerns. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-03434.h1


Financial

09/10/2018

Applicant has substantial Federal debt that is unpaid and unresolved. He did not file 2012 and 2013 Federal income tax returns. He failed to provide documentation of his filed tax returns, or payment arrangements for his delinquent Federal taxes. He failed to mitigate Guideline F, financial considerations security concerns. Clearance is denied. CASE NO: 16-02713.h1


Use of Information Technology

09/10/2018

Without authorization and in direct contravention of his non-disclosure agreement, Applicant’s deliberately downloaded numerous company proprietary files onto a thumb drive and then onto an ironkey and took it with him after he had given notice of leaving the company. This is a serious security violation. There is insufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 12-01906.h1


Financial

09/07/2018

From 1998 to present, Applicant filed for bankruptcy five times. He did not establish that his actions were reasonable, prudent, honest, and that he adhered to duty or obligation in the resolution of his debts. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 18-00964.h1


Financial

09/07/2018

Applicant’s excessive delinquent debt has not been resolved. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 18-00310.h1


Foreign Influence

09/07/2018

Applicant mitigated foreign influence security concerns relating to her connections to Jordan and United Arab Emirates. She contributed to U.S. national security for seven years by serving as a linguist in the Middle East. Eligibility for access to classified information is granted. CASE NO: 17-03266.h1


Foreign Influence; Foreign Preference

09/07/2018

Applicant mitigated foreign influence and foreign preference security concerns relating to his connections to Iraq and Jordan because of his deep and longstanding relationships and loyalties in the United States and his willingness to renounce his Iraq citizenship. He is expected to resolve any conflict of interest in favor of U.S. interests. He contributed to U.S. national security by serving as a linguist under dangerous conditions in Iraq, and he wishes to continue to serve under such circumstances in Iraq. Eligibility for access to classified information is granted. CASE NO: 17-02568.h1


Personal Conduct

09/07/2018

Applicant has not mitigated the security concerns raised by his failures to follow instructions, frequent tardiness, unexcused absences, and inaccurate reporting of his time and attendance. Clearance is denied. CASE NO: 17-02356.h1


Guideline E; Guideline F

09/07/2018

From our review, the cited pages in the transcript, and the record as a whole, do not establish bias, i.e., partiality for or against a party, predisposition to decide a case or issue without regard to the merits, or other indicia of lack of impartiality. Adverse decision affirmed. CASE NO: 17-00661.a1


Financial

09/07/2018

Applicant’s statement of reasons alleges 16 delinquent debts totaling $48,787. This total includes eight student loans totaling $34,640. In July 2018, all of his delinquent debts, except for his student loans, were discharged under Chapter 7 of the Bankruptcy Code. He is making payments to address his student loan debts. Financial considerations trustworthiness concerns are mitigated. Eligibility for access to sensitive information is granted. CASE NO: 17-00263.h1


Alcohol; Criminal Conduct

09/07/2018

Applicant's history of alcohol abuse documented by his four alcohol-related incidents between 2009 and November 2014 was mitigated by the passage of over two years without recurrence of alcohol-related incidents, positive lifestyle changes supportive of sobriety, and ongoing medical care. Clearance granted. CASE NO: 16-02879.h1


Guideline B

09/07/2018

The gravamen of these cases is not that the applicants are disloyal to the U.S. or that they are of bad character. Rather, it is that their circumstances are such that any reasonable person, should he encounter them, might find himself in a position in which he could seriously be tempted to place his loyalty to his family over his obligations to the U.S. Given the evidence, we find no reason to disturb the presumption of nexus between Applicant’s family connections in China and his eligibility for a clearance. Adverse decision affirmed. CASE NO: 15-07068.a1


Financial

09/06/2018

Applicant’s excessive indebtedness has been sufficiently resolved by responsible and reasonable conduct. Clearance is granted. CASE NO: 18-00390.h1


Financial

09/06/2018

Applicant’s excessive indebtedness has been sufficiently resolved by responsible and reasonable conduct. Clearance is granted. CASE NO: 18-00354.h1


Personal Conduct

09/06/2018

Applicant has mitigated the security concerns raised by his alcohol-related and drug-related personal conduct. Clearance is granted. CASE NO: 18-00103.h1


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

09/06/2018

Misconduct or negligence in employment concerns are mitigated because Applicant’s rule violations did not pose an unacceptable risk to people, property, or information systems. Material, intentional false statement, deception, or fraud in connection with federal or contract employment concerns are not mitigated because conduct was an intentional act of deception. Common access card credentialing eligibility is denied. CASE NO: 17-04072.h1


Foreign Influence

09/06/2018

Applicant’s foreign ties with Taiwan, which include his wife and his father-in-law do not pose a security threat to the U.S. Clearance is granted. CASE NO: 17-03688.h1


Drug Involvement

09/06/2018

Applicant’s history of marijuana use from August 2015 through June 2017 has not been mitigated by sufficient evidence of reform and rehabilitation. Eligibility for a security clearance is denied. CASE NO: 17-03399.h1


Financial

09/06/2018

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant filed Chapter 13 bankruptcy in June 2017, but the petition is pending dismissal because he was unable to make the required payments. His debts remain largely outstanding and unresolved, and he has not established a reasonable plan for resolving them. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-02663.h1


Financial

09/06/2018

Applicant was unaware of his financial delinquencies when he completed his security clearance application. Consequently, when he did not include them on his security clearance application, he demonstrated no intent to falsify. There are no personal conduct security concerns. Applicant has either satisfied his delinquencies, or is satisfying them through payment plans. He has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-01874.h1


Financial

09/06/2018

Applicant has yet to address a substantial Federal tax lien. Clearance is denied. CASE NO: 17-00962.h1


Guideline B

09/06/2018

The Judge erred in limiting her analysis to the protection of U.S. intelligence information. Furthermore, the Judge used language which implies that she was not applying the clearly consistent with the national interest standard. Favorable decision remanded. CASE NO: 16-04056.a1


Financial

09/06/2018

Applicant mitigated the security concerns raised by his problematic financial history. Eligibility granted. CASE NO: 16-03414.h1


Foreign Preference; Foreign Influence

09/06/2018

Applicant has surrendered his Turkish passport to his employer’s security office. Furthermore, Applicant’s foreign connections, his mother, brother, and in-laws, are clearly outweighed by his continued service and loyalty to the United States. Clearance is granted. CASE NO: 16-02875.h1


Financial; Personal Conduct

09/06/2018

Applicant’s excessive indebtedness has not been sufficiently resolved, and she deliberately failed to admit to having delinquent debts in response to Section 26 of her e-QIP, irrespective of the fact that she mentioned elsewhere in the application that she had some financial difficulties. She did not answer the specific questions in Section 26 truthfully. Sufficient mitigation has not been shown. Clearance is denied. CASE NO: 16-01749.h2


Financial

09/04/2018

Applicant defaulted on several consumer credit accounts because of lack of income. He made small payments on some of his past-due debts from July 2017 to January 2018, when he lost his job with a defense contractor because of a lack of security clearance. He has yet to fully mitigate the concerns about his financial judgment. Clearance is denied. CASE NO: 17-04199.h1


Drug Involvement

09/04/2018

Given the recency of Applicant’s marijuana usage, it is too soon to conclude that she has mitigated the drug involvement security concern. Clearance is denied. CASE NO: 17-02779.h1


Financial; Criminal

08/31/2018

Applicant mitigated concerns raised by his delinquent debt and a 2016 incident of criminal conduct. Applicant’s continued access to classified information is granted. CASE NO: 17-01765.h1


Financial; Personal Conduct

08/31/2018

Applicant did not mitigate the financial considerations or personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-01735.h1


Financial

08/31/2018

Due to circumstances largely beyond her control, Applicant was unable to meet her student-loan obligations. However, Applicant acted responsibly under the circumstances and has mitigated the potential financial security concern. Eligibility for access to classified information is granted. CASE NO: 17-01580.h1


Sexual Behavior; Personal Conduct; Criminal Conduct

08/31/2018

Although the sexual behavior and criminal conduct allegations arose from behavior that occurred between 2005 and 2008, Applicant’s inconsistent statements and failure to accept any responsibility for his conduct remain concerns. Eligibility for access to classified information is denied. CASE NO: 17-01355.h1


Financial

08/31/2018

Applicant did not mitigate the financial considerations security concerns involving his failure to timely file his federal and state income tax returns for tax years 2007 and 2009 through 2015. Eligibility for access to classified information is denied. CASE NO: 17-01119.h1


Financial

08/31/2018

Due to circumstances largely beyond his control, Applicant experienced financial difficulties. However, Applicant is resolving all his remaining delinquent accounts through Chapter 13 Bankruptcy, and has mitigated the potential financial security concern. Eligibility for access to classified information is granted. CASE NO: 17-00677.h1


Handling Protected Information; Personal Conduct

08/31/2018

Security concerns under Guidelines K (handling protected information) and E (personal conduct) are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-00323.h1


Financial

08/31/2018

Applicant has mitigated the security concerns raised by his failure to timely file federal and state income tax returns and pay the taxes due. Clearance is granted. CASE NO: 17-00199.h1


Foreign Influence

08/31/2018

Applicant has mitigated the foreign influence concerns. Clearance is granted. CASE NO: 17-00187.h1


Foreign Influence

08/31/2018

Applicant mitigated the security concerns raised by foreign influence. Eligibility granted. CASE NO: 16-03862.h1


Financial; Personal Conduct

08/31/2018

While Applicant mitigated the potential security concerns raised by his 2011 arrest, he failed to mitigate the security concerns raised by his financial delinquencies. Eligibility for access to classified information is denied. CASE NO: 15-07941.h1


Financial

08/30/2018

Applicant did not present sufficient documentary evidence to mitigate the trustworthiness concern under Guideline F for financial considerations. Eligibility denied. CASE NO: 17-04127.h1


Financial, Drugs, Personal Conduct

08/30/2018

Although the personal conduct concerns are resolved in Applicant’s favor, he failed to mitigate the security concerns raised by his history of financial problems, unresolved delinquent accounts, and illegal use of marijuana in 2017. Applicant’s access to classified information is denied. CASE NO: 17-04064.h1


Criminal or Dishonest Conduct; Alcohol Abuse

08/30/2018

Applicant did not mitigate the credentialing concerns raised under the criminal or dishonest conduct or alcohol abuse supplemental adjudicative standards. Common Access Card (CAC) eligibility is denied. CASE NO: 17-03164.h1


Guideline B

08/30/2018

The Judge’s material findings about Applicant’s wife’s green card status are based on substantial evidence or constitute reasonable inferences or conclusions that could be drawn from the evidence. Adverse decision affirmed. CASE NO: 17-02488.a1


Financial

08/30/2018

Applicant failed to timely file his federal and state income tax returns and timely pay his income taxes, as required, between 2011 and 2017. Applicant’s continued access to classified information is denied. CASE NO: 17-02195.h1


Financial

08/30/2018

Applicant experienced financial problems during his eight-year marriage, which ended in 2017. These problems were exacerbated by extended periods of unemployment for Applicant and his ex-wife. Since the divorce, Applicant has initiated and adhered to a good-faith effort to repay his creditors. Clearance is granted. CASE NO: 17-02080.h1


Drugs

08/30/2018

Applicant failed to mitigate the security concerns raised by her history of illegal drug use, purchase, and prescription drug abuse. Clearance is denied. CASE NO: 17-01260.h1


Guideline F

08/30/2018

It is reasonable for a Judge to expect applicants to present documentation supporting their claims about the status of alleged financial problems. Adverse decision affirmed. CASE NO: 16-01932.a1


Drugs

08/29/2018

Applicant has not mitigated the security concerns raised by his drug involvement. Clearance is denied. CASE NO: 18-00081.h1


Financial

08/29/2018

Applicant has not mitigated the trustworthiness concerns raised by her delinquent debts. Eligibility for a public trust position is denied. CASE NO: 18-00079.h1


Financial

08/29/2018

Applicant has mitigated the trustworthiness concerns raised by her delinquent debts. Eligibility for a public trust position is granted. CASE NO: 17-04322.h1


Financial

08/29/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant's delinquent debts are not resolved. He has recently obtained a bankruptcy attorney so that he may file a petition for bankruptcy. However, he has promised to file for bankruptcy for two years. Eligibility for a security clearance is denied. CASE NO: 17-04220.h1


Financial; Personal Conduct

08/29/2018

Applicant has several hundred thousand dollars of past-due, unresolved tax debt. He admitted that he deliberately failed to disclose that information, as required, on his security clearance application. Applicant did not resolve financial and personal security concerns. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-04009.h1


Drugs; Criminal Conduct

08/29/2018

Applicant used marijuana approximately once every three weeks with friends from 2008 to 2014. He was cited for possession of drug paraphernalia in January 2016 and for possession of marijuana in August 2016, but claims neither the paraphernalia nor the marijuana belonged to him. In February 2017, he was arrested for evading responsibility in an accident causing damage. Applicant has yet to show adequate reform. Clearance is denied. CASE NO: 17-03663.h1


Financial

08/29/2018

Applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concern stemming from his history of financial problems or difficulties. Eligibility denied. CASE NO: 17-03633.h1


Financial

08/29/2018

Applicant failed to file state and federal income tax returns for tax years 2009 through 2015. Eligibility for access to sensitive information is denied. CASE NO: 17-03316.h1


Financial

08/29/2018

Applicant has not mitigated the financial considerations security concern by not submitting sufficient evidence. Eligibility for a security clearance process is denied. CASE NO: 17-02494.h1


Financial

08/29/2018

Applicant’s financial difficulties were caused by circumstances beyond her control. Her income taxes have been filed; and Applicant is either addressing, or making a good-faith effort to address, all of the alleged past-due indebtedness. The circumstances under which they were incurred are unlikely to be repeated in the future. Clearance is granted. CASE NO: 17-02292.h1


Financial; Personal Conduct

08/29/2018

Applicant mitigated personal conduct concerns relating to the falsification of his December 2015 security clearance application. However, he was unable to mitigate financial considerations concerns after failing to demonstrate sufficient progress in resolving a 2013 $98,973 Federal tax lien for failing to file and pay his 2008 and 2009 Federal tax returns. Clearance is denied. CASE NO: 17-01118.h1


Handling Protected Information

08/29/2018

Applicant’s security clearance violations occurred 15~30 years ago. Due to the passage of time; and to the testimonials from those who know Applicant in the defense industries, they are unlikely to be repeated in the future. Clearance is granted. CASE NO: 17-01111.h1


Financial

08/29/2018

Through the auspices of a debt counseling service, Applicant has either satisfied or is addressing all of the alleged past-due indebtedness. The circumstances under which they were incurred are unlikely to be repeated in the future. Clearance is granted. CASE NO: 17-00703.h1


Financial

08/29/2018

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 17-00593.h1


Financial

08/29/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 16-01651.h1


Drugs, Personal Conduct

08/29/2018

Applicant mitigated the drug involvement and personal conduct security concerns. Clearance is granted. CASE NO: 16-01200.h1


Personal Conduct

08/28/2018

Applicant was unable to mitigate the security concerns raised by his special court-martial conviction for willful dereliction of duty and false official statement. Clearance is denied. CASE NO: 17-03673.h1


Financial

08/28/2018

Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 17-02524.h1


Drugs

08/28/2018

Applicant presented sufficient evidence to mitigate his infrequent use of marijuana. Eligibility granted. CASE NO: 17-00994.h1


Financial

08/28/2018

Applicant failed to mitigate the financial considerations security concern generated by her delinquent debts and delinquent income tax returns. Clearance is denied. CASE NO: 17-00939.h1


Guideline E; Guideline H; Guideline J

08/28/2018

Applicant states that he does not remember receiving Department Counsel’s File of Relevant Material (FORM) and, if he had received it, he would have responded to it. The record reflects that a copy of the FORM was mailed to Applicant on April 11, 2017, and he signed a receipt for it on April 16, 2017. He was given 30 days from receipt of the FORM to file objections and submit additional matters. In a document dated June 12, 2017, this case was forwarded for assignment of a Judge and noted Applicant did not submit a response to the FORM. From our review of the record, Applicant was not denied any due process rights. Adverse decision affirmed. CASE NO: 16-03639.a1


Guideline F

08/28/2018

The Judge’s ruling on Applicant’s 180-day request is not contained in the record. In the decision, the Judge noted that Applicant was granted the 30-day extension and “was given over 50 days to submit post-hearing documents.” The Judge’s comments in the decision are sufficient to establish that the 180-day extension request was denied. A challenge to a judge’s ruling denying a request to extend the deadline of a post-hearing submission is reviewed under the “abuse of discretion” standard. Applicant has not established that the Judge abused her discretion in denying his 180-day post-hearing submission extension request. Adverse decision affirmed. CASE NO: 16-01214.a1


Drugs; Personal Conduct

08/27/2018

Applicant misused prescription drugs over an extended period of time between 2008 and 2017 and remains at risk of recurrence. Additional security concerns are raised over Applicant's (a) termination for cause from a pervious employer for misusing a company email account to send pornographic photos and (b) falsifying his e-QIP of 2010 and DOHA responses to interrogatories inquiring about the extent of his misuse of prescription drugs. Drug involvement and personal conduct concerns are not mitigated. Clearance is denied. CASE NO: 17-04192.h1


Guideline B

08/27/2018

The Judge’s findings on the matters that Applicant has discussed are not erroneous. Applicant claims that he did not state that he might live in Afghanistan at some time in the future but, rather, simply visit there. The challenged finding is based upon Applicant’s testimony and is sustainable. Adverse decision affirmed. CASE NO: 17-03765.a1


Drugs

08/27/2018

Applicant mitigated the security concerns arising from his lengthy history of marijuana use. Based upon a review of the record as a whole, national security eligibility for access to classified information is granted. CASE NO: 17-03019.h1


Guideline F

08/27/2018

Applicant had been aware of this security concern for at least ten years prior to the issuance of the SOR but did not take reasonable steps to address it. Indeed, Applicant states that the debt was about $13,000 when she first became aware of it. It has grown through the application of interest and penalties and will continue to do so until it is resolved. Her failure to file her tax returns on time is a problem of long-standing duration, one of which she has been aware for many years. Applicant only recently began to address her tax problems, filing her returns late and only two weeks before the hearing acquiring the assistance of an accountant. Favorable decision reversed. CASE NO: 16-03595.a1


Financial; Personal Conduct

08/27/2018

Applicant mitigated personal conduct concerns relating to the falsification of his May 2014 security clearance application. However, he was unable to mitigate financial considerations concerns after failing to demonstrate sufficient progress in resolving a number of debts that have been ongoing for many years. Clearance is denied. CASE NO: 15-07863.h1


Financial

08/27/2018

Applicant incurred significant consumer debt during a period of unemployment. She received unemployment compensation and worked two part-time jobs. Applicant presented sufficient information to establish that she paid six of the eight delinquent debts in the SOR and is paying the remaining two debts. She made significant progress in paying and resolving her debts. Her responsible action mitigates financial trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 15-05426.h1


Financial

08/24/2018

Applicant’s finances were adversely affected by periods of unemployment, two divorces, a costly custody battle over his child, and his custody of his child without the benefit of child support from his ex-wife. He has taken reasonable steps to address the resulting financial problems. Clearance is granted. CASE NO: 17-04000.h1


Foreign Influence; Personal Conduct

08/24/2018

An Iraqi citizen by birth and a U.S. citizen since 2015, Applicant did not meet his burden to present evidence to rebut, explain, extenuate, or mitigate the security concerns under the foreign influence and personal conduct security guidelines. Eligibility denied. CASE NO: 17-02667.h1


Financial

08/24/2018

Applicant’s contention that he had either satisfied or was in the process of satisfying his delinquent debts was insufficient to meet his burden of proof, absent any substantiating evidence. Clearance is denied. CASE NO: 17-02580.h1


Financial; Personal Conduct

08/24/2018

Applicant has a history of financial problems, including delinquent debts, unfiled tax returns, and unpaid federal income taxes. Clearance is denied. CASE NO: 17-01825.h1


Financial

08/24/2018

Applicant has mitigated the security concerns raised by her financial indebtedness. Clearance is granted. CASE NO: 17-01819.h1


Financial

08/24/2018

Applicant has mitigated the security concerns raised by his failure to timely file his state income tax returns. CASE NO: 17-01498.h1


Foreign Influence

08/24/2018

Available information is sufficient to mitigate the security concerns about Applicant’s ties to family members in Iraq. His request for a security clearance is granted. CASE NO: 16-01710.h1


Financial; Personal Conduct

08/23/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. He deliberately falsified his 2014 security clearance application by omitting relevant facts regarding his finances. Eligibility for a security clearance is denied. CASE NO: 18-00357.h1


Alcohol; Criminal Conduct

08/23/2018

Applicant has not mitigated the security concerns raised by his alcohol consumption and alcohol-related criminal conduct. CASE NO: 18-00039.h1


Financial

08/23/2018

Applicant has not mitigated the security concerns raised by his belated and inconsistent payment of delinquent debts. CASE NO: 17-03948.h1


Financial

08/23/2018

Applicant defaulted on a $43,990 private student loan obtained for college because of lack of income for herself and her parents, who had promised to assist her in repayment. She is making timely monthly payments on her other student loans and other debts, and is willing to repay the delinquent loan, but the creditor is not willing to accept what she can afford. The debt is not likely to be a source of pressure for Applicant, given it has been written off by the creditor. Clearance is granted. CASE NO: 17-03570.h1


Financial

08/23/2018

Applicant has not mitigated security concerns raised by his financial indebtedness. Clearance is denied. CASE NO: 17-02107.h1


Drugs; Financial

08/23/2018

Applicant used marijuana for over 11 months between 2015 and 2016 while holding a security clearance. While he is committed to abstaining from all use of illegal drugs in the future, more time is needed to make safe predictions he is not at risk to recurrent use. Financial concerns stem from two delinquent debts that he has failed to address to date. Neither drugs nor financial concerns are mitigated. Clearance is denied. CASE NO: 17-02102.h1


Financial; Personal Conduct

08/23/2018

Applicant did not file federal and state tax returns for eight years, resulting in her incurring debt from delinquent taxes. She filed all past due tax returns and the federal taxes are being paid according to a payment plan. She resolved the state taxes that were past due. She has not presented information that shows other debts in the SOR have been paid or resolved. Applicant did not mitigate financial conduct security concerns because she did not timely file federal and state tax returns, and she did not present adequate evidence of a plan to address her other delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-01660.h1


Criminal or Dishonest Conduct or Financial Irresponsibility

08/23/2018

When his employment plans were dashed after his honorable discharge from the military, the mid-20s Applicant got depressed, highly inebriated, violent, and was ultimately charged with 2nd degree assault. Embarrassed and contrite, he immediately sought therapy through the Department of Veterans Administration and found an equally lucrative position elsewhere. Since that time, he has been promoted to another position and found a more suitable job elsewhere, where he is highly lauded by superiors, peers, and staff. The facts demonstrate that the incident at issue was a complete aberration. Applicant mitigated Common Access Card (CAC) credentialing concerns. CAC eligibility is granted. CASE NO: 17-00436.h1


Guideline F

08/23/2018

Applicant contends that the record, viewed as a whole, shows that he has attempted to resolve the delinquent debts that the Judge found against him. However, Applicant’s brief amounts to a disagreement with the Judge’s weighing of the evidence, which 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: 16-03704.a2


Financial

08/23/2018

Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 16-03218.h1


Guideline D; Guideline E

08/23/2018

Whether an applicant has adopted statements in an interview summary is a question of fact. Despite the prehearing, hearing, and post-hearing exchanges on the admissibility of Applicant’s interview summary, the Judge failed to make findings as to which of the key statements in the interview summary Applicant either adopted or did not adopt. In other words, we are unable to discern whether key statements were admitted into, or excluded from, evidence. Moreover, because the issue of whether or not Applicant adopted key statements is an important aspect of this case, the Judge was also responsible for explaining the basis of those critical findings. Favorable decision remanded. CASE NO: 16-02536.a1


Foreign Preference; Personal Conduct

08/23/2018

Applicant surrendered her foreign passport to her company’s security officers and nine months later reacquired the passport without informing her company that she had done so. She has not mitigated the foreign preference security concerns under Guideline C or the personal conduct security concerns under Guideline E. Clearance is denied. CASE NO: 15-08046.h1


Guideline F

08/22/2018

Applicant challenges the Judge’s finding that “Applicant’s personal financial statement shows a monthly net remainder of $2,116, but it does not reflect any payments to the state or Federal tax authorities.” Applicant notes that he no longer has any past-due state taxes. Even though the Judge may have erred in addressing state tax authorities in the challenged finding, we find that error is harmless because it did not likely affect the outcome of the case. Adverse decision affirmed. CASE NO: 17-03784.a1


Guideline F

08/22/2018

Applicant also challenges the Judge’s finding that he did not receive financial counseling. He contends that financial counseling is mandatory to file bankruptcy. However, we find no reason to disturb the Judge’s finding about financial counseling. By the close of the record, Applicant had not established that he filed bankruptcy. Adverse decision affirmed. CASE NO: 17-02885.a1


Guideline F

08/22/2018

Applicant’s appeal argues for an alternative weighing of the evidence. He contends, among other matters, that he always filed his income tax returns in a timely manner before 2013, that he was unable to file the income tax returns in question because of a marital dispute; and that he resolved a tax lien. He argues that his tax problems were infrequent and occurred under extreme circumstances that are unlikely to recur. However, an 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: 17-02843.a1


Foreign Influence

08/21/2018

Applicant mitigated foreign influence security concerns relating to his connections to Afghanistan. He contributed to U.S. national security for more than 11 years by serving as a linguist under dangerous conditions in Afghanistan. Eligibility for access to classified information is granted. CASE NO: 18-00125.h1


Financial

08/21/2018

Applicant failed to mitigate the security concern raised by his failure to complete required Federal income tax forms and his failure to satisfy seven state income tax liens. Eligibility denied. CASE NO: 17-04233.h1


Foreign Influence

08/21/2018

Applicant failed to mitigate the foreign influence security concerns arising from his continuing family and financial connections to Thailand. Based upon a review of the record as a whole, national security eligibility for access to classified information is denied. CASE NO: 17-03090.h1


Financial; Personal Conduct; Drugs

08/21/2018

Applicant used marijuana with varying frequency from 1994 to May 2015. He did not hold a security clearance during his involvement with marijuana. Security concerns under Guidelines H (drug involvement and substance abuse) and E (personal conduct) are mitigated. Applicant did not submit enough documentary corroborating information about his finances to mitigate Guideline F (financial considerations) security concerns. Eligibility for access to classified information is denied. CASE NO: 17-01048.h1


Guideline F

08/21/2018

Applicant’s brief fails to establish the Judge committed any harmful error. Adverse decision affirmed. CASE NO: 17-00731.a1


Guideline F

08/21/2018

In her decision, the Judge found, “The state tax authority confirmed that liens alleged in SOR ¶¶ 1.b ($1,378) and 1.d ($7,309) were mistakenly attributed to Applicant and she does not owe them.” Decision at 3. Yet, the Judge found against Applicant on SOR ¶¶ 1.b and 1.d. Based on the facts of this case, we are unable to conclude this error is harmless. The record appears to be incomplete. In her appeal brief, Applicant asserts the Judge made other errors in her findings of fact and conclusions. Adverse decision remanded. CASE NO: 16-02584.a1


Guideline E; Guideline F

08/21/2018

While Applicant responded “No” to the questions that asked whether she experienced certain financial problems, she submitted in the Additional Comments of that document the following remarks: Financial Records: In process of working payment arrangements with Student Loans and other miscellaneous accounts due to hardship: due to delay in wage checks occurring between November-December 2014. Replacement/ delayed checks arrived same day 1/3/15. From our reading of the above quote, Applicant put the Government on notice that she had some delinquent debts. The Judge made no findings of fact about that quote. Adverse decision remanded. CASE NO: 16-01749.a1


Financial

08/21/2018

Although Applicant paid 2 of his 14 delinquent accounts, this is insufficient to establish a good-faith effort to repay his creditors. Furthermore, he has continued to accumulate delinquent accounts. Clearance is denied. CASE NO: 15-02900.h1


Financial

08/20/2018

Applicant failed to mitigate the security concerns under Guideline F, particularly the tax debt. Applicant’s eligibility for a security clearance is denied. CASE NO: 18-00420.h1


Financial

08/20/2018

Applicant has mitigated the security concerns raised by her delinquent debts. Clearance is granted. CASE NO: 18-00414.h1


Financial

08/20/2018

Applicant has several unresolved delinquent debts. While the debts arose due to conditions beyond his control, he did not put forth a reasonable plan for resolving them, nor did he establish good-faith efforts to do so. Applicant did not provide sufficient evidence to mitigate financial considerations trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-03891.h1


Drugs; Criminal Conduct; Personal Conduct

08/20/2018

Applicant mitigated the security concerns under drug involvement and substance misuse, criminal conduct, and personal conduct. Continued eligibility for access to classified information is granted. CASE NO: 17-01811.h1


Financial

08/20/2018

Applicant has had a history of financial difficulties. While some of her delinquent debt is due to circumstances beyond her control, including illness and unemployment, no independent evidence was introduced to establish that any of her significant overdue debt has been resolved or reduced. Additionally, no evidence was introduced to establish that Applicant will be able to be more financially responsible in the future. Mitigation has not been shown. Clearance is denied. CASE NO: 16-01122.h1


Financial

08/20/2018

Applicant has had a history of financial difficulties, specifically significant delinquent education loans. While she has finally entered into a payment plan to settle her delinquent debt after many years, none of the debt has been resolved or significantly reduced. Mitigation has not been shown. Clearance is denied. CASE NO: 16-00784.h1


Financial; Personal Conduct

08/20/2018

Applicant has had a history of delinquent debts, and no independent evidence was introduced to establish that any of Applicant's debts have been resolved or reduced. Additionally, no evidence was introduced to establish that Applicant will be more financially responsible in the future. Finally, Applicant knowingly failed to list any of the SOR delinquent debts on her Security Clearance Application. Mitigation has not been shown. Clearance is denied. CASE NO: 15-05277.h1


Financial

08/17/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant's delinquent debts are not resolved or in a payment plan. There is no evidence that she has filed her 2013 federal tax return or that she has paid the delinquent tax. Eligibility for a security clearance is denied. CASE NO: 18-00038.h1


Financial; Personal Conduct

08/17/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant's delinquent debts are not resolved. He has recently started a payment plan for one debt, but he was warned in 2012 when he was granted a security clearance that future financial issues may have an effect on his security clearance. The Personal Conduct security concern was withdrawn. Eligibility for a security clearance is denied. CASE NO: 18-00020.h1


Alcohol; Personal Conduct

08/17/2018

The police arrested and charged Applicant with DWI three times over a six and one-half year period. Each charge resulted in a conviction. Applicant provided uncorroborated evidence of three and one-half years of abstinence. He also intentionally failed to disclose his arrests in response to three separate questions in his security clearance application. Applicant failed to mitigate the government’s security concerns under Guidelines G and E. Clearance is denied. CASE NO: 17-03900.h1


Financial

08/17/2018

Applicant mitigated the security concerns arising under the Financial Considerations and Personal Conduct guidelines related to his history of excessive indebtedness, and failure to disclose his debts. National security eligibility for access to classified information is granted. CASE NO: 17-03393.h1


Drugs; Alcohol

08/17/2018

Applicant presented sufficient evidence to mitigate security concerns raised by a 2016 drunk driving conviction. However, he did not present sufficient evidence to mitigate security concerns raised by his history of illegal drug use, including while holding a security clearance. Clearance is denied. CASE NO: 17-03298.h1


Personal Conduct

08/17/2018

Applicant married her husband in 1992 and they are still married. Her husband is a career criminal and has spent most of their marriage incarcerated. He is presently incarcerated in a state penitentiary. A state placed a retention bond on him for when he is released. Applicant is religious and did not divorce her husband because she does not agree with divorce. She received counseling from her church and started divorce proceedings but she could not afford the attorney’s fee or meet her husband’s financial demands. She is saving money for the divorce. Applicant presented sufficient information to mitigate personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 17-02466.h1


Guideline F

08/17/2018

We do not find persuasive Applicant’s contention that he mitigated the government’s security concerns. Rather than address the $500,000 in past-due taxes for tax years 2009-2013, Applicant introduced as evidence payment vouchers for estimated state tax payments he would be making in 2016 and 2017, as well as estimated Federal payment vouchers for tax year 2017. Adverse decision affirmed. CASE NO: 17-01291.a1


Financial

08/17/2018

Although Applicant has taken some steps to address her financial delinquencies, it is too soon to conclude that she has mitigated the trustworthiness concern, given the nature of the remaining delinquencies and the amount that remains outstanding. Eligibility to continue working in a public trust position is denied. CASE NO: 17-00627.h1


Financial; Personal Conduct

08/17/2018

Applicant has had a history of delinquent debts, and no independent evidence was introduced to establish that any of Applicant's debts have been resolved or reduced. Additionally, no evidence was introduced to establish that Applicant will be more financially responsible in the future. Finally, Applicant knowingly failed to list any of the 14 delinquent debts, listed on his SOR, on his Security Clearance Application. Mitigation has not been shown. Clearance is denied. CASE NO: 15-05126.h1


Guideline E; Guideline F

08/17/2018

The Judge’s material findings about Applicant’s failure to disclose his former employment on his SCA, including that he did so out of “insecurity and fear” and “thought it was a waste of time to fill out the paperwork[,]” are supported by substantial evidence. Adverse decision affirmed. CASE NO: 11-07487.a1


Financial

08/16/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for a security clearance is denied. CASE NO: 17-03192.h1


Criminal Conduct

08/16/2018

Applicant incurred numerous misdemeanor criminal and traffic offenses from 2006 to July 2016. Her most recent charge was for driving while intoxicated. She pled guilty to driving under the influence, and remains on probation for that offense until about May 2020. Applicant did not provide sufficient information to mitigate the criminal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03048.h1


Criminal, Alcohol, Personal

08/16/2018

Applicant did not provide sufficient information to mitigate the alleged security concerns under Guideline J, criminal conduct, Guideline G, alcohol involvement, and Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03035.h1


Financial

08/16/2018

Applicant has satisfied his outstanding student loans. The debts resulted from him being the victim of a fraudulent fiscal intermediary. The circumstances under which they were incurred are unlikely to be repeated in the future. Clearance is granted. CASE NO: 17-02299.h1


Financial

08/16/2018

Applicant has not mitigated the security concerns raised by her history of delinquent debts. Clearance is denied. CASE NO: 17-02047.h1


Personal Conduct

08/16/2018

Applicant resigned from his job at a college in October 2014 after being repeatedly disciplined for inappropriate comments and conduct toward female staff members and students since 2009. Personal conduct concerns also exist because of his lack of candor on his security clearance application about his disciplinary infractions at the college. Clearance is denied. CASE NO: 17-02044.h1


Financial

08/16/2018

Applicant has addressed and satisfied all of his alleged past-due debts. The circumstances under which they were incurred are unlikely to be repeated in the future. Clearance is granted. CASE NO: 17-01751.h1


Guideline F; Guideline G; Guideline J

08/16/2018

Applicant asserts in a footnote that he provided an updated credit report that was not referenced in the decision. Applicant does not state what the date of the credit report was nor when it was submitted. No such credit report appears in the case file. We conclude that Applicant’s assertion lacks sufficient specificity to justify remanding the case to determine if there was an error at DOHA. Furthermore, we note that given the Judge’s adverse conclusions under Guideline G and J, no useful purpose would be served by such a remand. Adverse decision affirmed. CASE NO: 17-01694.a1


Financial

08/16/2018

Applicant has not made a good-faith effort to address all of his alleged past-due debts. Clearance is denied. CASE NO: 17-01648.h1


Drugs; Alcohol; Criminal Conduct; Personal Conduct

08/16/2018

Applicant’s drug involvement is mitigated by the passage of time and by the likelihood that the positive results of a 2015 drug test were in error. He did not mitigate the security concerns about his long history of alcohol abuse and alcohol-related criminal conduct. He also failed to mitigate related personal conduct security concerns, as well as concerns about his deliberate falsification of a 2015 application for clearance. Applicant’s request for a security clearance is denied. CASE NO: 17-01478.h1


Foreign Influence; Personal Conduct

08/16/2018

Applicant has mitigated the concerns raised by her familial ties to citizens and residents of Iraq, but not the concerns raised by her personal conduct. Clearance is denied. CASE NO: 17-00582.h1


Guideline F

08/16/2018

Applicant has not made any voluntary payments on the alleged debts. The tax lien was resolved through a tax levy of his military retirement pay. The satisfaction of a debt through the involuntary establishment of a garnishment or a tax levy is not the same as, or similar to, a goodfaith initiation of repayment by the debtor. The timing of Applicant’s actions to resolve the debts is an important factor to consider. The Judge noted that Applicant’s financial problems have existed for many years. In his response to the FORM, Applicant stated that he started to contact creditors to make arrangements to repay the debts in June 2017, which was five months after issuance of the SOR. Favorable decision reversed. CASE NO: 16-03122.a1


Financial; Foreign Influence

08/16/2018

Applicant mitigated the security concerns raised by his problematic financial history and foreign influence. Eligibility granted. CASE NO: 16-02897.h1


Financial

08/15/2018

Applicant mitigated the financial considerations security concerns. National security eligibility for access to classified information is granted. CASE NO: 17-03684.h1


Drug Involvement and Substance Misuse; Personal Conduct

08/15/2018

Applicant has not presented sufficient documentation to mitigate the security concerns under the drug involvement and personal conduct security guidelines. He signed two letters of intent in the past and resumed smoking marijuanana. Eligibility for a security clearance is denied. CASE NO: 17-02230.h1


Criminal Conduct; Financial

08/15/2018

Applicant mitigated the criminal conduct and financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 17-01192.h1


Guideline D; Guideline E

08/15/2018

Applicant’s contention that he is not participating in prostitution brings to mind a Latin phrase, “res ipsa loquitur,” i.e., the thing speaks for itself. He paid money to engage in casual, sexual encounters. Despite his claim to the contrary, the routine practice of paying a fee to remove random women from bars and then later on that same occasion engage in sexual activity with them is a form of prostitution. Favorable decision reversed. CASE NO: 16-03690.a1


Foreign Influence; Alcohol; Drugs; Personal Conduct

08/15/2018

There is sufficient evidence to mitigate the foreign influence concern based on Applicant’s family ties to Russia via his estranged and soon-to-be-divorced spouse who is a dual citizen of Russia and the United States, and his failure to report two obvious contacts with foreign nationals. But there is not sufficient evidence to mitigate the concern based on his long-standing, years-long battle with alcohol, which includes multiple sessions of inpatient treatment, and his recent resumption of drinking. Likewise, although dated, his drug abuse while holding a security clearance is too serious to be mitigated. This is especially so given that his illegal drug use often coincided with his use of alcohol. Eligibility denied. CASE NO: 16-01864.h1


Financial Considerations

08/14/2018

Applicant’s documented payment of two listed debts and payment on three unlisted debts is insufficient to mitigate the adverse evidence based on the guideline for financial considerations. Eligibility for access to classified information is denied. CASE NO: 18-00595.h1


Guideline E; Guideline H

08/14/2018

Applicant used marijuana with varying frequency from about 2006 to early 2017 and used it after being granted a position of trust. Adverse decision affirmed. CASE NO: 17-03464.a1


Foreign Influence

08/14/2018

Applicant mitigated foreign influence security concerns relating to his connections to Taiwan. Clearance is granted. CASE NO: 17-03248.h1


Financial

08/14/2018

Applicant failed to mitigate the concerns raised by his delinquent debts and his taxes. Clearance is denied. CASE NO: 17-02921.h1


Guideline F

08/14/2018

Applicant’s appeal brief raises no allegation of error on the part of the Judge. Rather, it contains a number of documents that post-date the close of the record or the Judge’s decision. Those documents constitute new evidence that the Appeal Board cannot consider. Adverse decision affirmed. CASE NO: 17-02677.a1


Guideline F

08/14/2018

There is a rebuttable presumption that a Judge is impartial and unbiased, and a party seeking to overcome that presumption has a heavy burden of persuasion. Adverse decision affirmed. CASE NO: 15-03981.a1


Foreign Influence; Personal Conduct

08/13/2018

Applicant mitigated concerns raised under foreign influence and personal conduct related to his family connections in Afghanistan as well as his service in Afghanistan as a linguist. Clearance is granted. CASE NO: 17-04265.h1


Guideline F

08/13/2018

The Board does not review cases 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, the decision of the Judge denying Applicant a trustworthiness designation is affirmed. Adverse decision affirmed. CASE NO: 17-03931.a1


Guideline E; Guideline F

08/13/2018

Applicant raised the sufficiency of the interview summary for the first time on appeal. Adverse decision affirmed. CASE NO: 17-03252.a1


Financial

08/13/2018

Applicant has not mitigated the security concerns raised by his repeated failures to file federal and state income tax returns as required and his delinquent debts. CASE NO: 17-03190.h1


Drugs; Personal Conduct

08/13/2018

Applicant used and purchased illegal substances (marijuana) over a number of years and falsified security applications he completed in 2016 with intentional omissions of his marijuana activities. Allegations of illegal substance abuse and falsification are not mitigated. Clearance is denied. CASE NO: 17-03186.h1


Financial; Personal Conduct

08/13/2018

Applicant mitigated concerns raised by his incomplete responses to questions on a security clearance application. However, he did not present sufficient evidence to mitigate concerns raised by his financial situation. Clearance is denied. CASE NO: 17-02447.h1


Alcohol Consumption

08/13/2018

Applicant mitigated the alcohol consumption security concerns. Eligibility for access to classified information is granted. CASE NO: 17-02132.h1


Financial

08/13/2018

Applicant has a history of failing to file Federal and state income tax returns, and resolving unpaid taxes. He did not refute or mitigate the resulting financial security concerns. National security eligibility for access to classified information is denied. CASE NO: 17-01933.h1


Guideline E; Guideline F

08/13/2018

A favorable security clearance decision does not bar an adverse security clearance decision when an applicant has engaged in misconduct subsequent to the favorable security clearance decision. In this case, Applicant admitted to criminal conduct that occurred after his favorable security clearance adjudication. Adverse decision affirmed. CASE NO: 17-01755.a1


Guideline F

08/13/2018

Applicant notes one harmless factual error regarding a date. Applicant’s appeal brief does not assert any other error on the part of the Judge. Rather, it contains a narrative statement about his efforts to resolve his financial problems and documents that constitute new evidence that the Appeal Board cannot consider. Adverse decision affirmed. CASE NO: 17-01590.a1


Guideline F

08/13/2018

The Board does not review cases de novo. Adverse decision affirmed. CASE NO: 16-03921.a1


Financial

08/13/2018

Applicant’s financial problems were partially caused or aggravated by circumstances beyond her control, and partially caused by her financial irresponsibility. Her evidence is insufficient to establish a track record of financial responsibility, or that her financial problems are resolved or are under control. Financial consideration security concerns are not mitigated. Clearance is denied. CASE NO: 16-02555.h2


Foreign Influence

08/13/2018

Applicant has a sister who is a citizen and resident of China. Foreign influence security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 16-02226.h1


Financial

08/10/2018

Applicant has mitigated the security concerns under the financial considerations security concerns. Eligibility for a security clearance is granted. CASE NO: 17-04403.h1


Personal Conduct

08/10/2018

Applicant used and bought marijuana for several years in his youth. At one point he lost a job for smoking marijuana while on a break. He intentionally concealed this information when completing a security clearance application. Having provided scant information in response to the allegations, personal conduct security concerns remain unmitigated. Clearance is denied. CASE NO: 17-03552.h1


Criminal Conduct; Drugs; Personal Conduct

08/10/2018

Applicant was arrested in March 2012, March 2014, and June 2014 for felony drug sales; in December 2012 for operating under the influence (OUI); and in July 2013 for assault, disorderly conduct, and risk of injury to a child. In March 2015, he was placed on probation to September 2016 for the OUI and to March 2018 for the 2012 sale of a controlled substance. More time is needed to demonstrate reform of the criminal conduct and personal conduct concerns. Clearance is denied. CASE NO: 17-03451.h1


Alcohol; Criminal Conduct

08/10/2018

Applicant mitigated the security concerns raised by his alcohol consumption and criminal conduct. CASE NO: 17-02324.h1


Criminal or Dishonest Conduct; False Statement

08/10/2018

Applicant was convicted in 2010 of driving under the influence, of indecent exposure and open container in December 2011; and simple assault in 2016. He failed to note the convictions on his federal employment application in 2016. The criminal offenses relate directly to concerns for the safety of people and property on an installation. Applicant provided sufficient information that his failure to list the convictions on his federal employment application was not deliberate. The criminal and dishonest conduct concern is not mitigated. The material and intentional false statement concern is mitigated. Eligibility for common access card eligibility is denied. CASE NO: 17-01992.h1


Guideline E; Guideline F

08/10/2018

Two credit reports established by substantial evidence that Applicant had two Federal tax liens totaling over $100,000 that were filed against him in 2009. Once those tax liens were proven, the burden shifted to Applicant to rebut, explain, extenuate, or mitigate the security concerns arising from those tax liens. The Judge’s adverse falsification finding is sustainable and is sufficient independently to support the adverse clearance decision in this case. Adverse decision affirmed. CASE NO: 17-01473.a1


Personal Conduct; Criminal Conduct

08/10/2018

Applicant covered his infant child’s face in 2004, then he did the same to his next infant child between 2006 and 2007, in an effort to quiet their screaming. During a tense period during his wife’s second pregnancy and her concomitant spell of depression, Applicant held her by her throat during a 2005 quarrel when she would not let him pass by. He tried to choke his eldest daughter again between 2010 and 2011. Given the seven-year gap between his first and last act against a family member, more than seven years is needed to mitigate personal conduct security concerns, despite some evidence of rehabilitation. CASE NO: 17-01358.h1


Foreign Influence

08/10/2018

Based on a review of the pleadings, testimony, and exhibits, I conclude that Applicant has mitigated the concerns related to foreign influence raised by siblings who are citizens and residents of Egypt. His request for a security clearance is granted. CASE NO: 16-03331.h1


Personal Conduct

08/10/2018

Applicant failed to mitigate security concerns raised by his conduct and falsification. Clearance is denied. CASE NO: 16-00466.h1


Financial

08/09/2018

Applicant has not mitigated the security concerns under the financial considerations security concerns. Eligibility for a security clearance is denied. CASE NO: 18-00338.h1


Financial

08/09/2018

Applicant demonstrated she is able to live within her means, and her outstanding delinquent debts do not reflect a security concern. Clearance is granted. CASE NO: 17-02623.h1


Financial

08/09/2018

Applicant did not file his tax returns when due, because he was overwhelmed with the constant strain and demands of caring for a special needs child, an elderly parent with dementia, and his wife’s serious medical condition. His situation was also negatively impacted by unemployment for over a year, which resulted in Applicant having to take a job out of state. He resolved his overdue tax filings, paid all outstanding taxes, and hired an accountant to help him and his wife prepare their complicated tax returns. This favorable evidence and the imposition of easily verifiable conditions fully mitigates the heightened security concerns at issue and safeguards national security. A conditional clearance is granted. CASE NO: 17-01775.h1


Financial

08/09/2018

Applicant accumulated delinquent student loans as a co-signatory, and other debts during an extended period of separation without financial assistance from his wife. His wife has since resumed financial responsibilities for her loans and released Applicant as an obligor on the loans. And, he has paid or otherwise resolved his remaining debts. Financial concerns are mitigated. Eligibility to hold a security clearance is granted. CASE NO: 17-01666.h1


Foreign Influence

08/09/2018

Applicant mitigated the foreign influence security concerns arising from his family members in India. Eligibility for access to classified information is granted. CASE NO: 17-01486.h1


Financial

08/09/2018

Applicant suffered several financial setbacks due to circumstances beyond his control. He acted responsibly, resolved all former concerns, and restored his financial solvency. Resulting security concerns were mitigated. National security eligibility is granted. CASE NO: 17-01144.h1


Financial

08/09/2018

Notwithstanding Applicant’s business downturn, he failed to act responsibly in addressing his delinquent consumer and tax debts. There is no documentary evidence of a reasonable debt-resolution plan and significant steps in furtherance of such a plan. Given his burden to demonstrate financial responsibility, trustworthiness, and good judgment, I conclude Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-00297.h1


Guideline F

08/09/2018

Despite Applicant having been employed for well over a year prior to the close of the record, Applicant had not secured a payment plan or otherwise established a track record regarding payment of her tax obligation. As it stands, Applicant’s case for mitigation of this particular concern is no more than a promise to resolve the debt in the future, which is not sufficient to establish mitigation within the meaning of the Directive. Department Counsel states that there is a paucity of evidence to establish mitigation of the two mortgage debts. Favorable decision reversed. CASE NO: 16-03889.a1


Foreign Influence; Personal Conduct

08/09/2018

Applicant is a systems engineer for a defense contractor whose spouse is a dual national from China with close family members who are citizens and residents of China, a country with a tradition for being an aggressive collector of economic information and technology with a poor human rights record. Allegations of foreign influence are not mitigated. Additional security concerns are raised over applicant's (a) marriage to his current wife, while still married to his first wife and (b) falsification of statements given to a DoD investigator about his failures to disclose his foreign travel plans to his employer's officially designated sources. Allegations of personal conduct are not fully mitigated. CASE NO: 15-05357.h1


Drugs; Personal Conduct

08/08/2018

Applicant mitigated the security concerns under drug involvement and substance misuse, and personal conduct. Continued eligibility for access to classified information is granted. CASE NO: 17-02425.h1


Financial

08/08/2018

Applicant has significant unresolved state tax debt. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-01505.h1


Guideline E; Guideline F

08/08/2018

Applicant contends the Judge erred by relying on Appeal Board decisions decided under the previous version of the adjudicative guidelines that do not include mitigating condition 20(g). Applicant’s argument is based on an incorrect premise (i.e., the Appeal Board decision in question applied the previous guidelines) and lacks merit. To the extent Applicant is arguing that the timing of resolution of tax filing deficiencies is not an important factor to consider under mitigating condition 20(g), we find that argument unpersuasive and note it runs counter to Appeal Board precedent. Adverse decision affirmed. CASE NO: 17-00294.a1


Alcohol; Drugs

08/07/2018

Applicant is a 27-year-old custodian for a defense contractor. She smoked marijuana and abused alcohol when she was younger. However, she has demonstrated a clear and established pattern of modified alcohol consumption, and she has abstained from illegal drug use for an appropriate period. Clearance is granted. CASE NO: 18-00281.h1


Financial

08/07/2018

Applicant’s Statement of Reasons contains 13 allegations of delinquent debt totaling $32,137, ranging from a $163 collection account to a $12,674 automobile repossession past-due account. Applicant demonstrated little or no effort to resolve his debts that have been ongoing for many years. Clearance is denied. CASE NO: 17-04207.h1


Guideline E; Guideline H

08/07/2018

After considering the totality of the evidence and paying particular attention to the transcript of the hearing, we conclude that the Judge did not evidence bias. He permitted Applicant to raise objections, present evidence, and call and examine witnesses, as the Directive provides. The Judge sustained Applicant’s objections to two Government exhibits due to lack of authentication. In fact, the Judge’s admonition to counsel to sit down occurred during Department Counsel’s later efforts to lay a foundation for these documents, which were not successful. The Judge explicitly stated that he would not consider the contents of these two exhibits, and there is nothing in the Decision to suggest otherwise. Adverse decision affirmed. CASE NO: 17-02391.a1


Guideline E; Guideline F; Guideline H

08/07/2018

Applicant denied that he had deliberately misled the investigator. However, after considering the record as a whole, we conclude that the Judge’s finding of deliberate falsification is 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: 17-01950.a1


Guideline E; Guideline G; Guideline J

08/07/2018

Although Item 7 is indeed hearsay, such evidence is generally admissible in administrative hearings. Adverse decision affirmed. CASE NO: 17-01588.a1


Drugs

08/07/2018

Applicant mitigated the drug involvement and substance misuse security concerns that arose out of her infrequent marijuana and prescription drug use from January 2005 through August 2014. Applicant has matured and does not intend to use any illegal drugs in the future. Eligibility for access to classified information is granted. CASE NO: 17-01272.h1


Financial; Personal Conduct

08/07/2018

Applicant resolved all of the debts alleged to be delinquent in his statement of reasons. Financial considerations security concerns are mitigated. On April 8, 2016, Applicant signed a Questionnaire for National Security Positions or security clearance application, and he unintentionally failed to disclose a $19,000 delinquent debt on his SCA. Personal conduct security concerns are refuted. Eligibility for access to classified information is granted. CASE NO: 17-01219.h1


Guideline F

08/07/2018

In his appeal brief, Applicant contends that his bankruptcies should not be used against him because he is entitled to the legal protections of bankruptcy. He also argues that 11 U.S.C. § 525, Protection against discriminatory treatment, precludes his discharged debts from being used against him. We note that Guideline F has no disqualifying condition that raises a security concern merely because an applicant has filed bankruptcy. In discussing § 525 in the past, we have stated that, while an applicant has a legal right to declare bankruptcy, the Government is not precluded from considering the negative security implications of his or her history of recurring financial problems. In this case, the Judge noted that she was not basing her decision on “the bankruptcies themselves” but on Applicant’s history of financial indebtedness surrounding those bankruptcies. Applicant has not established that the Judge erred in considering his financial history, including his bankruptcies. Adverse decision affirmed. CASE NO: 17-00684.a1


Guideline G; Guideline J

08/07/2018

Applicant committed four alcohol-related offenses between 2007 and 2014. Adverse decision affirmed. CASE NO: 17-00506.a1


Alcohol; Personal Conduct; Criminal Conduct

08/07/2018

Applicant was convicted in 2011 and 2012 of driving while intoxicated. She did not list the convictions on her security clearance application, but she discussed them without being prompted with a security investigator. Her alcohol-related convictions and her failure to list the offenses was also alleged as criminal conduct. Applicant presented sufficient information of her efforts to address her alcohol consumption problems and they are now resolved. She provided sufficient information that her failure to list the convictions on her security clearance application was not deliberate. Applicant mitigate alcohol consumption, personal conduct, and criminal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 15-08047.h1


Financial

08/06/2018

Applicant did not mitigate the financial considerations security concerns. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-04204.h1


Sexual Behavior; Personal Conduct

08/06/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his conduct in soliciting prostitutes from 1994 to 2017. Clearance is denied. CASE NO: 17-03583.h1


Guideline F

08/06/2018

The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. Adverse decision affirmed. CASE NO: 17-03053.a1


Financial

08/06/2018

Applicant mitigated the security concerns under the financial considerations guideline. Eligibility for a security clearance is granted. CASE NO: 17-02021.h1


Financial

08/06/2018

Applicant accumulated delinquent student loan and consumer debts during periods when he and his wife were encountering marital problems that eventually led to divorce and property settlement disputes. Applicant has since addressed his debts and resolved his student loan debts with a rehabilitation agreement and his consumer debts with a combination of payments and payment agreements. Financial concerns are mitigated. Clearance is granted. CASE NO: 17-01506.h1


Guideline E; Guideline J

08/06/2018

Applicant cites to his character references, which he believes that the Judge either did not consider or to which the Judge failed to extend the proper weight. Applicant’s arguments are not 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: 17-01472.a1


Financial; Personal Conduct

08/06/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his financial situation and deliberate falsification of his security clearance application. He lacks the judgment, reliability, and honesty expected from those granted access to classified information. Clearance is denied. CASE NO: 17-00561.h1


Guideline E; Guideline F

08/06/2018

Applicant makes various assertions about his debts and the filing of his tax returns. However, he raises no assertion that the Judge committed any error in her unfavorable findings and conclusions pertaining to the falsification allegations under Guideline E. Because the unfavorable falsification findings and conclusions are sufficient independently to support the Judge’s overall adverse decision, we need not address Applicant’s assignments of error regarding the Guideline F allegations. Adverse decision affirmed. CASE NO: 16-03393.a1


Criminal Conduct; Personal Conduct

08/06/2018

Applicant’s background includes six incidents during 2003-2015 in which he was arrested or charged or convicted of criminal offenses, many of which are relatively low-level matters (e.g. disorderly conduct). Taken together as a whole, as opposed to being viewed in a piecemeal fashion, the multiple incidents reflect a recurring pattern of poor judgment or an unwillingness to abide by rules and regulations or both. Although he presented a good case in reform and rehabilitation, it is too soon to tell if his recurring pattern is a thing of the past and that he will be a law-abiding person in the future. Eligibility denied. CASE NO: 16-02183.h1


Financial

08/03/2018

Applicant failed to mitigate security concerns under Guideline F. He defaulted on four debts, including a large auto loan, which resulted in a substantial deficiency. Applicant provided evidence of recent payments of two of the alleged debts, but he failed to meet his burden of persuasion to mitigate all security concerns. Clearance is denied. CASE NO: 18-00803.h1


Financial

08/03/2018

Applicant provided sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-03846.h1


Guideline F

08/03/2018

Besides not alleging that Applicant failed to file his Federal income taxes for 2008-2012, the SOR also did not allege that he owed Federal and state taxes and that he owed the large student loan, i.e., presumably the one for over $80,000. When the weight of the decision is based on non-alleged issues, a question arises as to whether an applicant has been denied due process because he or she was not given adequate notice and an opportunity to respond. Adverse decision remanded. CASE NO: 17-02952.a1


Guideline F

08/03/2018

While Applicant filed his 2016 Federal income tax return on time, he did so after the issuance of the SOR. This record falls short of establishing that Applicant has reformed and rehabilitated himself so that he will voluntarily comply with the tax filing requirements. The Judge’s favorable decision is relying on Applicant’s promise to comply the tax filing requirements in the future. A promise to change one’s conduct in the future does not constitute evidence of reform and rehabilitation that requires a favorable security clearance decision. Given the lack of evidence of reform and rehabilitation, questions remain about whether Applicant has demonstrated the judgment, reliability, and willingness to abide by wellestablished rules and regulations that is required for granting a security clearance. Favorable decision reversed. CASE NO: 17-01256.a1


Financial

08/03/2018

Applicant did not file his state and Federal tax returns for tax years 2013 to 2015, after experiencing a series of personal and professional setbacks. Having regained his footing, Applicant sought the services of a tax preparer and has since filed all required tax returns. Applicant mitigated the security concerns pertaining to Guideline F. Clearance is granted. CASE NO: 17-00271.h1


Drugs; Criminal Conduct; Financial; Personal Conduct

08/03/2018

Applicant did not mitigate the security concerns involving drug involvement and substance misuse, criminal conduct, financial considerations, and personal conduct. Eligibility for access to classified information is denied. CASE NO: 16-01730.h1


Guideline F

08/03/2018

Applicant has not identified any harmful error in the Judge’s decision. The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. Adverse decision affirmed. CASE NO: 15-08043.a1


Financial

08/02/2018

Applicant failed to mitigate the security concerns raised by her problematic financial history. Eligibility denied. CASE NO: 18-00083.h1


Drugs

08/02/2018

Applicant used marijuana approximately 11 times between July 2011 and February 2016 after she had been granted a secret clearance. She disclosed her drug involvement on her May 2016 security clearance application, but she has yet to demonstrate that she understands the importance of complying with her security responsibilities. Clearance is denied. CASE NO: 17-03447.h1


Financial

08/02/2018

Applicant has not mitigated the security concerns raised by his fraudulent conduct, failure to timely file and pay his federal and state income taxes, and his delinquent debts. CASE NO: 17-03365.h1


Guideline E; Guideline F

08/02/2018

A Judge evaluates an applicant’s history of financial problems for what they may reveal about the applicant’s ability to protect classified information. Financial problems may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations. Adverse decision affirmed. CASE NO: 17-01556.a1


Foreign Influence, Personal Conduct

08/02/2018

Applicant did not mitigate the foreign influence security concerns arising from family connections in Iraq. He mitigated the personal conduct security concerns. National security eligibility for access to classified information is denied. CASE NO: 16-01423.h1


Guideline F

08/02/2018

Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 15-08340.a1


Guideline F

08/02/2018

The fact a debt no longer appears on a credit report does not establish any meaningful, independent evidence as to the disposition of the debt. Debts may fall off credit reports for various reasons, including the passage of time. Adverse decision affirmed. CASE NO: 15-03907.a1


Guideline E; Guideline F

08/01/2018

While a Judge is entitled to ask questions at a hearing, he or she cannot act as a surrogate advocate for either an applicant or Department Counsel. There is nothing in the record that indicates that the fairness or impartiality was missing or impaired, to raise a question of the validity and legitimacy of the security clearance decision in this case. Adverse decision affirmed. CASE NO: 17-04388.a1


Financial; Personal Conduct

08/01/2018

Although Applicant did not willfully falsify his Security Clearance Application, he has yet to address three significant, admitted past-due debts. Clearance is denied. CASE NO: 17-04258.h1


Financial

08/01/2018

Applicant failed to mitigate security concerns under Guideline F. He defaulted on three debts, an obligation to another Government agency, his 2013 income taxes, and a student loan. He provided no evidence of any payments on his delinquent debts. Clearance is denied. CASE NO: 17-03847.h1


Financial; Personal Conduct

08/01/2018

Applicant did not mitigate the financial considerations or personal conduct security concerns from delinquent debts, including child-support arrearages, and failure to report them in his security clearance application. Eligibility for access to classified information is denied. CASE NO: 17-03813.h1


Financial

08/01/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-03679.h1


Financial

08/01/2018

Applicant’s has only addressed about half of his admitted past-due debts. Clearance is denied. CASE NO: 17-01409.h1


Financial

08/01/2018

Applicant has made a good-faith effort to address all of his alleged past-due debts. Clearance is granted. CASE NO: 17-01058.h1


Financial

08/01/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-00483.h1


Guideline F

08/01/2018

An applicant who begins to resolve his or her financial problems only after being placed on notice that his or her clearance is in jeopardy may lack the judgment and selfdiscipline to follow rules and regulations over time or when there is no immediate threat to his or her own interests. We agree with Department Counsel that such judgment and self-discipline concerns are raised in this case. The Judge did not discuss this important aspect of the case, which impairs his analysis. Moreover, the Judge also did not address Applicant’s failure to file his 2015 income tax returns in a timely manner. Favorable decision reversed. CASE NO: 16-03187.a1


Guideline F

08/01/2018

The precedential value of our decisions may be affected by later changes or revisions of the Directive. To the extent that Applicant is arguing that all prior Appeal Board decisions involving tax cases are no longer of any precedential value solely due to the recent addition of mitigating condition 20(g), we do not find such an overbroad argument persuasive. Adverse decision affirmed. CASE NO: 16-02981.a1


Financial; Personal Conduct

08/01/2018

Applicant mitigated the security concerns raised by his $48,000 delinquent debts where he had paid one debt before the SOR was written, started and maintained payment plans on three other debts, and started and maintained a payment plan on the remaining debt at the time he received the SOR. Clearance granted. CASE NO: 16-01866.h1


Foreign Preference, Foreign Influence

08/01/2018

Although Applicant renewed a Russian passport after becoming a United States citizen, relatives who are Russian citizens living in Russia or the United States pose security concerns due to the lack of information provided about them. As well, Applicant provided scant information about his own life in the United States. Foreign influence security concerns remain unmitigated. Clearance is denied. CASE NO: 15-01665.h1


Drug Involvement and Substance Misuse; Personal Conduct

07/31/2018

Applicant did not mitigate the drug involvement and substance misuse security concerns, but he did mitigate the personal conduct security concerns alleged in the SOR. Eligibility is denied. CASE NO: 18-00488.h1


Criminal or Dishonest Conduct (CAC)

07/31/2018

Applicant did not mitigate the criminal or dishonest conduct credentialing concerns alleged in the SOR. CASE NO: 17-04087.h1


Guideline F

07/31/2018

Applicant contends that his financial problems do not raise a security concern because they originated several years in the past. However, unresolved debts are a continuing course of conduct. Adverse decision affirmed. CASE NO: 17-03146.a1


Guideline E; Guideline F

07/31/2018

A variance between allegation and proof is material only when the extent of the variance is so great that the allegation fails to serve as reasonable notice to the applicant of the concerns raised, thereby subjecting him or her to unfair surprise when confronted with the Government’s evidence. Adverse decision affirmed. CASE NO: 17-02595.a1


Financial

07/31/2018

Applicant provided insufficient evidence that she was unable to make payments or otherwise resolve five debts in the statement of reasons. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-02079.h1


Guideline F

07/31/2018

Applicant argues that the Judge did not consider her medical expenses, her statements concerning her salary and financial condition, her unemployment, and other things that she believes support her effort to retain her clearance. Applicant’s arguments are not 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: 17-01320.a1


Financial

07/31/2018

Applicant failed to timely file federal individual income tax returns for tax years 2011 through 2015. These matters are still outstanding, and although he may have good intentions, he has done little to rectify the situation. Eligibility denied. CASE NO: 17-01317.h1


Financial

07/31/2018

Applicant did not mitigate the concerns raised under the financial considerations guideline. Clearance is denied. CASE NO: 17-00972.h1


Guideline H

07/31/2018

Applicant challenges some of the Judge’s findings of fact. However, these findings are generally consistent with the evidence in the record. They are based upon substantial evidence or constitute reasonable inferences therefrom. Adverse decision affirmed. CASE NO: 17-00334.a1


Guideline H

07/31/2018

Applicant challenges the manner in which the SOR was written, contending that it misstated the facts about his pre-employment drug test failure. However, the SOR was sufficient to have placed Applicant on notice of the concerns against him. Adverse decision affirmed. CASE NO: 16-03436.a1


Financial; Personal Conduct

07/31/2018

While Applicant mitigated the security concerns raised by the ten smallest debts, he failed to mitigate the security concerns raised by the five largest debts, totaling nearly $60,000 that remained unaddressed. Applicant lacked the intent to falsify his clearance application. CASE NO: 16-02523.h1


Financial, Personal Conduct

07/31/2018

Applicant’s statement of reasons listed ten delinquent debts totaling $61,973. He has paid or resolved the majority of his debts and has a plan in place to resolve his remaining debts. Applicant successfully mitigated personal conduct concerns that arose from purportedly falsifying his security clearance application. Eligibility for access to classified information is granted. CASE NO: 16-01535.h1


Financial

07/30/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for a security clearance is denied. CASE NO: 18-00621.h1


Financial

07/30/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 18-00486.h1


Financial

07/30/2018

Applicant mitigated the financial concerns raised by delinquent debts though strict adherence to negotiated settlements and repayment plans. Eligibility for access to classified information is granted. CASE NO: 17-03482.h1


Guideline F

07/30/2018

Applicant has 24 delinquent debts. These include 22 student loans totaling about $174,000, a home equity loan for about $33,000, and a credit card debt for about $20,000. Adverse decision affirmed. CASE NO: 17-03391.a1


Financial

07/30/2018

Applicant was alleged to be delinquent on a Federal tax lien entered against him in November 2010, in the amount of $17,180. He was also alleged to have filed Chapter 7 bankruptcy in January 2012. He is resolving his Federal tax debt and has no other delinquent accounts. Eligibility for access to classified information is granted. CASE NO: 17-03211.h1


Financial; Personal Conduct

07/30/2018

Applicant’s evidence is sufficient to establish that her financial problems are being resolved and are under control. Notwithstanding, she deliberately falsified her 2016 security clearance application when she failed to disclose her financial problems. Clearance is denied. CASE NO: 17-01976.h1


Foreign Influence

07/30/2018

Applicant mitigated Guideline B (foreign influence) trustworthiness concerns relating to his connections to his family in Iraq. His support of U.S. forces in Iraq and family connections to the United States provide strong mitigation. Eligibility for access to classified information is granted. CASE NO: 17-01353.h1


Guideline F

07/30/2018

Applicant further contends that his indebtedness is not an indicator of other security concerns, such as excessive gambling, mental health conditions, or substance abuse. To the extent that he is arguing that his financial problems do not create any security concerns, we note the Directive presumes a nexus or rational connection between proven conduct or circumstances under any of its guidelines and an applicant’s security eligibility. Direct or objective evidence of nexus is not required. Adverse decision affirmed. CASE NO: 16-03319.a1


Drugs; Personal Conduct

07/30/2018

Applicant failed to mitigate the security concerns arising from his marijuana use while holding a security clearance, and denial of his drug abuse history while attempting to renew his clearance. National security eligibility is denied. CASE NO: 16-01393.h1


Financial; Personal Conduct

07/27/2018

Applicant has a history of financial problems, including delinquent debts, unfiled tax returns, unpaid state and federal income taxes, and abusing military installation privileges overseas to evade paying foreign taxes. Clearance is denied. CASE NO: 17-03636.h1


Financial Considerations

07/27/2018

Applicant was aware of the delinquent debts in May 2017. While he has sufficient resources to resolve the debts, he did not start repaying the debts until February 2018. Financial concerns are unmitigated. Eligibility for access to classified information is denied. CASE NO: 17-03372.h1


Financial

07/27/2018

Applicant failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 16-03916.h1


Personal Conduct; Sexual Behavior

07/27/2018

Applicant’s private sexual activity with multiple women during 2013-2016, outside of his primary relationship with his cohabitant, does not rise to a level to justify an adverse clearance decision. Further, it is no longer a concern because such activity ceased in 2016, and he pledged to not engage in such activity in the future. Eligibility granted. CASE NO: 16-03763.h1


Financial; Personal Conduct

07/27/2018

Applicant has mitigated security concerns raised by his personal conduct, but not those raised by his financial indebtedness. CASE NO: 16-03263.h1


Finances

07/26/2018

Applicant failed to timely file federal tax returns for tax years 2003 through 2012. He learned of his obligation to file such returns in 2010 during a personal subject interview. To date, tax returns for tax years 2003, 2004, 2010, 2011, and 2012 remain unfiled. Applicant failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 17-03873.h1


Alcohol Consumption; Drug Involvement; and Personal Conduct

07/26/2018

Applicant's long history of alcohol incidents and drug misuse have not been mitigated despite his completion of several treatment programs. He left the scene of an accident twice. He did not meet his burden of proof to mitigate the security concerns under personal conduct. Clearance is denied. CASE NO: 17-03853.h1


Financial

07/26/2018

Despite circumstances beyond her control – unemployment, medical leave, identity theft, and her sister’s drug addiction – Applicant addressed and resolved her delinquent debts, while maintaining her monthly financial obligations. Given her burden to demonstrate financial responsibility, trustworthiness, and good judgment, I conclude Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-03762.h1


Financial

07/26/2018

Applicant has not mitigated the financial security concerns. He did not meet his burden of proof to mitigate the security concerns under Guideline F. Clearance is denied. CASE NO: 17-00936.h1


Personal Conduct

07/26/2018

In February 2014, without authority or permission, Applicant went into another employee’s office and made a copy of personal papers that were on the employee’s desk. While Applicant believed she had justification to do so, the security concerns raised by her conduct are not mitigated. Clearance is denied. CASE NO: 16-03183.h1


Financial

07/25/2018

Applicant excessive delinquent debt has been mitigated. Clearance is granted. CASE NO: 18-00243.h1


Financial

07/25/2018

Applicant’s delinquent debts totaling approximately $15,000 remain owing. Applicant has been unable to pay his excessive delinquent debts due to excessive child support orders, which take almost 50 percent of his income. There is insufficient evidence of rehabilitation. Security clearance is denied. CASE NO: 18-00185.h1


Financial

07/25/2018

Applicant’s excessive delinquent debt has been mitigated. Clearance is granted. CASE NO: 18-00159.h1


Financial

07/25/2018

Applicant’s history of delinquent student loan debt has not been mitigated. Clearance is denied. CASE NO: 18-00157.h1


Financial

07/25/2018

Applicant’s failure to file Federal and state income tax returns for tax years 2014, 2015, and 2016, was based on bad advice he received from his tax preparer. He now understands his legal responsibilities to file annual income tax returns on a timely basis. There is sufficient evidence of rehabilitation. National security eligibility is granted. CASE NO: 18-00118.h1


Financial

07/25/2018

Applicant delinquent tax debt has not been mitigated. Clearance is denied. CASE NO: 17-03892.h1


Foreign Influence

07/25/2018

Applicant’s foreign family members in Belarus, including his mother and brother do not pose a security risk. His ex-girlfriend, a foreign national does pose a heightened risk to the national security. Clearance is denied. CASE NO: 17-03736.h1


Personal Conduct

07/25/2018

Applicant mitigated the personal conduct security concerns. While the events at issue occurred over a 20-year period, the most recent incident occurred four years ago. Applicant has subsequently completed appropriate programs to prevent recurrence. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-01964.h1


Criminal or Dishonest Conduct

07/25/2018

Applicant engaged in conduct which placed the safety of people at risk. He failed to mitigate the concern alleged. CAC eligibility is denied. CASE NO: 17-01634.h1


Drugs; Personal Conduct

07/25/2018

Applicant used and purchased marijuana from approximately 1988 to 2015. He falsified his February 2016 security clearance application by denying any illegal drug use and purchases in the last seven years. The drug involvement and personal conduct concerns are not mitigated. Clearance is denied. CASE NO: 17-00332.h1


Financial

07/24/2018

Applicant mitigated the security concerns under Guideline F, financial considerations. Applicant’s eligibility for a security clearance is granted. CASE NO: 18-00234.h1


Foreign Influence

07/24/2018

Applicant’s ties to Egypt are outweighed by her relationships and loyalties in the United States. Foreign influence security concerns are mitigated. Clearance is granted. CASE NO: 17-04246.h1


Foreign Influence

07/24/2018

Applicant failed to mitigate security concerns raised by his foreign family members, who are citizens and residents of Russia. Clearance is denied. CASE NO: 17-04206.h1


Criminal Conduct; Personal Conduct

07/24/2018

Applicant was arrested on five separate occasions between April 2009 and June 2016 on criminal charges stemming from domestic disputes. He has completed anger management and is remarried, but doubts persist about his reform in light of his minimization of his culpability. Clearance is denied. CASE NO: 17-02492.h1


Drugs; Alcohol; Criminal Conduct; Personal Conduct

07/24/2018

Applicant has mitigated the security concerns raised by his drug use and driving while intoxicated conviction. Clearance is granted. CASE NO: 17-02160.h1


Financial

07/24/2018

Due to unusual circumstances largely beyond her control, Applicant experienced financial difficulties. However, Applicant has resolved her financial issues and has mitigated the potential financial security concern. Eligibility for access to classified information is granted. CASE NO: 17-01644.h1


Financial

07/24/2018

Applicant failed to mitigate the financial considerations security concern generated by his delinquent debts. Clearance is denied. CASE NO: 17-00683.h1


Financial; Personal Conduct

07/24/2018

Applicant has mitigated the security concerns raised by her personal conduct, but not those raised by her financial indebtedness. CASE NO: 17-00099.h1


Financial

07/24/2018

Applicant owes approximately $170,000 in back taxes to state and federal tax authorities for multiple tax years. His history of financial problems also includes multiple collection and charged-off accounts. It is far too soon to tell if he will be able to make any meaningful progress in addressing his delinquent debts. Eligibility denied. CASE NO: 16-00040.h1


Financial

07/23/2018

Applicant mitigated security concerns raised by her delinquent debts. She has paid a number of her past delinquent debts and has made payment plans to pay the four remaining debts. Clearance is granted. CASE NO: 18-00327.h1


Drug Involvement and Substance Misuse; Alcohol Consumption; Personal Conduct; Criminal Conduct

07/23/2018

At a time of emotional distress, Applicant repeatedly purchased and used marijuana, while possessing a security clearance. Approximately 20 months have elapsed since her illegal drug use; however, she has not sought any assistance to deal with her emotional distress or developed any support structures to reduce the likelihood that she will use illegal drugs in the future. The Government did not establish any falsifications. Applicant mitigated the alcohol consumption security concerns, but she did not mitigate the drug involvement and criminal conduct security concerns related to her drug use and possession. Clearance is denied. CASE NO: 17-03659.h1


Financial

07/20/2018

Applicant has had a history of financial difficulties, which resulted in a security clearance hearing in 2012. Applicant continues to have financial difficulties resulting in delinquent debts, and evidence was introduced to establish that only one of her current delinquent debts had been resolved. Mitigation has not been shown. Clearance is denied. CASE NO: 17-02778.h1


Financial

07/20/2018

Applicant has a history of significant financial problems, which includes unpaid Federal taxes, student loans, and spousal support. He failed to mitigate the financial security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02578.h1


Financial

07/20/2018

Applicant has had a history of financial difficulties, and only two of the significant delinquent debts have been resolved or reduced. Mitigation has not been shown. Clearance is denied. CASE NO: 17-02470.h1


Financial

07/20/2018

Applicant failed to mitigate the security concerns arising under Guideline F, Financial Considerations. His ongoing history of indebtedness, failure to timely file tax returns, and failure to pay federal income tax obligations in a timely manner, remain a concern. National security eligibility for access to classified information is denied. CASE NO: 17-02228.h1


Financial; Personal Conduct

07/20/2018

Applicant has had a history of financial difficulties, in large part because of his loss of income due to a one year period of unemployment. No evidence was introduced to establish that any of his delinquent debts have been resolved or reduced. Also, Applicant failed to include any of his significant delinquent debts on a Security Clearance Application, and he did not give a reasonable explanation for this omission. Mitigation has not been shown. Clearance is denied. CASE NO: 17-01528.h1


Foreign Influence

07/20/2018

Applicant presented sufficient evidence to mitigate security concerns raised by his parent’s residence and work in Lebanon supporting a non-governmental, human rights organization. Clearance is granted. CASE NO: 17-01482.h1


Drugs

07/20/2018

Applicant mitigated the drug involvement and substance misuse security concerns. National security eligibility for access to classified information is granted. CASE NO: 17-01135.h1


Financial; Personal Conduct

07/20/2018

Applicant failed to mitigate the security concern raised by her problematic financial history. The Government did not establish the personal conduct allegations. Eligibility denied. CASE NO: 16-04045.h1


Foreign Preference; Foreign Influence

07/20/2018

Applicant is a 38-year-old Iraqi linguist, who has been employed in various capacities in support of the U.S. Armed Forces. Foreign influence concerns were identified because of having Iraqi family members and friends. Applicant immigrated to the United States in 2008 after being granted a Special Immigrant Visa and became a U.S. citizen in 2014. After analyzing all of the facts, particularly his years of service in support of the U.S. Armed Forces, Applicant has mitigated the foreign preference and foreign influence concerns. Clearance is granted. CASE NO: 16-01446.h1


Handling Protected Information; Personal Conduct

07/19/2018

Applicant’s security violations and falsifications raised serious security concerns. Applicant’s explanations for his omissions conflicted with the documentary evidence and with each other and were not plausible. Applicant did not surmount the “very heavy burden” in mitigating these security concerns triggered by his security violations and falsifications. Clearance is denied. CASE NO: 17-04158.h1


Financial

07/19/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03032.h1


Alcohol

07/19/2018

Applicant’s last DUI was more than two years ago. He has greatly reduced his consumption of alcohol, and successfully completed a treatment program. Clearance is granted. CASE NO: 17-02154.h1


Financial

07/19/2018

Applicant mitigated the Guideline F, Financial Considerations, security concerns arising from his delinquent debts. National security eligibility for access to classified information is granted. CASE NO: 17-01372.h1


Drugs; Personal Conduct

07/19/2018

Applicant did not mitigate the drug involvement and substance misuse or the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-00952.h1


Financial

07/19/2018

Applicant renegotiated the terms of his mortgage and discharged most of his debts by filing for bankruptcy. Security concerns remain because of an unresolved $10,000 federal tax debt. Clearance is denied. CASE NO: 17-00802.h1


Foreign Influence; Foreign Preference

07/19/2018

The evidence is sufficient to mitigate the security concern based on Applicant’s ties to Jordan, the country of his birth. Eligibility granted. CASE NO: 16-02150.h1


Personal Conduct; Criminal Conduct

07/19/2018

Applicant mitigated the personal conduct and criminal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 15-04961.h1


Financial

07/18/2018

Applicant’s history of excessive financial indebtedness has been mitigated. Clearance is granted. CASE NO: 18-00108.h1


Financial

07/18/2018

Applicant provided insufficient evidence that she was unable to make payments or otherwise resolve the debt in statement of reasons ¶ 1.a. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-02005.h1


Financial

07/18/2018

Applicant did not make sufficient progress resolving his delinquent debts. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01384.h1


Foreign Influence

07/17/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 17-03981.h1


Financial

07/17/2018

Applicant is making payments to his student loan debt and mitigated the potential security concerns. Eligibility for access to classified information is granted. CASE NO: 17-03619.h1


Personal Conduct

07/17/2018

Between 2002 and 2015, Applicant exercised questionable judgment by engaging exotic dancers in extramarital sexual activities. His wife was unaware of his infidelity until 2016. He provided over $300,000 in financial support to a foreign national he met at a strip club. His conduct raised security concerns under the guideline for personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03547.h1


Financial; Personal Conduct

07/17/2018

Applicant incurred medical collection debts because of a lack of income. He satisfied some of the debts after they became an issue for his security clearance eligibility. Other medical collection debts have been dropped from his credit record, but he did not provide sufficient information to disprove their validity. Some concerns about his financial judgment persist. Falsification of his security clearance application was not established. Clearance is denied. CASE NO: 17-02192.h1


Financial

07/17/2018

Applicant established that circumstances beyond her control contributed to her financial problems and that she has been acting responsibly under the circumstances. With her and her spouse’s combined earnings, she should be able to pay for his family’s living expenses and current tax debts. Her financial problems are being resolved. Clearance granted. CASE NO: 17-02119.h1


Financial; Personal Conduct

07/17/2018

Applicant did not timely file her federal or state income tax returns for tax years 2013 through 2016. She filed her delinquent tax returns in October 2017 and has repaid all past-due income tax liabilities, but her recent and recurrent failure to comply with her tax-filing obligations casts doubt on her judgment and reliability and whether she can be counted on to comply with tax-filing deadlines in the future. Clearance is denied. CASE NO: 17-01471.h1


Financial; Personal Conduct

07/17/2018

Neither Applicant’s 2013 security clearance application reponses, nor the information he provided on a 2013 bankruptcy petition generated any security concern. Conversely, Applicant’s remaining delinquencies generate financial considerations security concerns that he failed to mitigate. Clearance is denied. CASE NO: 17-00378.h1


Guideline E; Guideline K

07/17/2018

Guideline K is not limited to violations of DoD rules and polices, but also encompasses violations of industry rules and policies established for the protection of classified and sensitive information. Adverse decision affirmed. CASE NO: 15-08002.a1


Foreign Preference; Foreign Influence

07/17/2018

Applicant mitigated alleged foreign preference security concerns, but her evidence is insufficient to mitigate foreign influence concerns. Her close relationship to her parents and their residence for part of the year in Iran, leaves her vulnerable to foreign influence from a hostile foreign power. Granting her a clearance under the present circumstances would not be clearly consistent with the interest of national security. Clearance is denied. CASE NO: 14-02117.h1


Financial; Personal Conduct

07/16/2018

Applicant has not mitigated the financial security concerns. She falsified her security clearance application in 2016. Clearance is denied. CASE NO: 18-00285.h1


Financial

07/16/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for a security clearance is denied. CASE NO: 17-03776.h1


Financial; Personal Conduct

07/16/2018

Applicant accumulated delinquent student loan, medical, and consumer debts that she has failed to address with any documented proofs. Financial concerns are not mitigated. Personal conduct concerns are unsubstantiated. Eligibility to hold a public trust position is denied. CASE NO: 17-03501.h1


Foreign Preference; Foreign Influence

07/16/2018

Applicant failed to mitigate the foreign preference and the foreign influence security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02625.h1


Foreign Influence

07/16/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 17-02376.h1


Foreign Influence, Foreign Preference

07/16/2018

Born in Argentina, Applicant is now a dual citizen of the United States. While she has maintained an Argentine passport, she has not exercised any other benefits or been subject to any of the obligations of Argentine citizenship. She maintains her connection to Argentina because she plans to split her time between the two countries after retirement. Her brother, a police officer, and a friend, who works in the Argentine civil service, are unlikely to pose a security concern. The same is true of her stepson, who resides in the United States and is pursuing U.S. citizenship. Applicant mitigated all security concerns. Clearance is granted. CASE NO: 17-02373.h1


Financial

07/16/2018

Applicant has mitigated the concerns related to his financial delinquencies. His request for national security eligibility and a security clearance is granted. CASE NO: 17-00376.h1


Financial

07/16/2018

Circumstances beyond Applicant’s control – his marital separation and divorce – contributed to his financial problems. For several years, Applicant implemented austere expense-reduction measures, and he has paid all but one of the alleged debts. He acted responsibly under the circumstances and took significant steps towards resolving his delinquent debts. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-00316.h1


Financial

07/16/2018

Applicant failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 16-03068.h2


Financial

07/13/2018

Applicant failed to mitigate security concerns raised by his unresolved delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-03732.h1


Foreign Influence; Foreign Preference

07/13/2018

Applicant has mitigated the security concerns raised by his Israeli citizenship and connections to Israel. Clearance is granted. CASE NO: 17-03623.h1


Financial, Criminal Conduct

07/13/2018

Applicant failed to mitigate her negative financial history, but mitigated the potential criminal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 17-03139.h1


Financial

07/13/2018

Most of Applicant’s debts occurred after a divorce and the failure of a family business that Applicant ran with his former wife. Applicant is resolving his debts through a debt resolution service and he has established a track record of payments into that plan. Applicant mitigated the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-01812.h1


Financial

07/13/2018

Applicant presented sufficient information to mitigate the security concern stemming from his problematic financial history. Eligibility granted. CASE NO: 17-00619.h1


Guideline E; Guideline F; Guideline J

07/13/2018

Applicant failed to present sufficient evidence to establish that he paid certain debts or had a reasonable basis to dispute others. A credit report, in and of itself, may not be sufficient to meet an applicant’s burden of persuasion as to mitigation, insofar as it provides little evidence regarding the underlying circumstances of the debt. Moreover, the fact that a debt no longer appears on a credit report does not establish a meaningful, independent evidence as to the disposition of the debt. Debts may fall off credit reports merely due to the passage of time. Adverse decision affirmed. CASE NO: 16-01338.a1


Financial

07/13/2018

Applicant is a 54-year-old employee who is seeking to retain a security clearance. He had financial problems due to a business downturn that led to failure of the business. He then had a period of uneven employment, unemployment, and underemployment. He met his burden to present sufficient evidence to explain and mitigate the financial considerations security concern. Eligibility is granted. CASE NO: 14-06806.h1


Financial

07/12/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03852.h1


Financial

07/12/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03463.h1


Financial; Personal Conduct

07/12/2018

Applicant did not deliberately fail to report a state tax debt and other delinquencies on his security clearance application. However, he did not present sufficient evidence to mitigate security concerns raised by approximately $45,000 in delinquent debt, which includes past-due state taxes. Clearance is denied. CASE NO: 12-08300.h1


Financial

07/11/2018

Applicant accumulated four private student loan debts exceeding $65,000 that she has failed to address with her lender with either payments or a payment plan with her lender. She has a proof of claim pending in her lender's Chapter 7 bankruptcy proceeding with no timetable for disposition of liability and determined availability of assets for distribution. Prospects for Applicant's resolution of her private student loan debts in the foreseeable future are at this time uncertain. Following a remand from the Appeal Board, corrections were made in accordance with the instructions of the Board, and the decision was issued affirming the initial results arrived at in the initial decision. Financial concerns are not mitigated. Clearance is denied. CASE NO: 17-01387.h2


Guideline F

07/11/2018

Applicant’s arguments are neither enough to rebut the presumption that the Judge considered all of the evidence in the record nor 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: 17-01264.a1


Foreign Preference; Foreign Influence

07/11/2018

No valid Foreign Preference security concerns were raised, but Applicant failed to mitigate the Foreign Influence concerns created by his contacts and connections with family members in Iraq. National security eligibility for a security clearance is denied. CASE NO: 16-02061.h1


Financial

07/10/2018

Applicant’s history of excessive financial indebtedness has been mitigated. Clearance is granted. CASE NO: 18-00023.h1


Financial

07/10/2018

Applicant’s history of excessive financial indebtedness has been mitigated. Clearance is granted. CASE NO: 17-04382.h1


Financial

07/10/2018

Applicant failed to present sufficient information to explain, extenuate, or mitigate the security concern stemming from his problematic financial history. Eligibility denied. CASE NO: 17-04353.h1


Financial

07/10/2018

Applicant’s history of excessive financial indebtedness has not been mitigated, and he deliberately falsified his security clearance concerning his financial history. Clearance is denied. CASE NO: 17-04203.h1


Foreign Influence

07/10/2018

Applicant forged deep and longstanding personal and professional relationships in the United States over the last 28 years. Notwithstanding his relatives in Taiwan and the People’s Republic of China, he can be expected to resolve any conflict of interest in favor of the U.S. interest, should any conflict arise. Clearance is granted. CASE NO: 17-03488.h1


Financial

07/10/2018

Applicant’s large delinquent medical bill incurred in 2015 has not been mitigated. Clearance is denied. CASE NO: 17-03921.h1


Financial

07/10/2018

Applicant failed to mitigate the financial considerations security concerns related to unresolved delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-03247.h1


Drugs, Personal Conduct

07/10/2018

Applicant mitigated the drug involvement and substance misuse, and personal conduct security concerns. National security eligibility for access to classified information is granted. CASE NO: 17-03022.h1


Foreign Influence

07/10/2018

Applicant has familial connections to his siblings and his wife’s family in India. Applicant’s connections to the United States after 23 years are stronger than his familial ties to India. Applicant can be expected to resolve any conflict of interest in favor of the United States. He mitigated Guideline B, foreign influence security concerns. Clearance is granted. CASE NO: 17-02285.h1


Financial

07/10/2018

Applicant failed to mitigate the security concerns arising under the financial considerations guidelines related to her history of excessive indebtedness and gambling. National security eligibility for access to classified information is denied. CASE NO: 17-02183.h1


Foreign Influence

07/10/2018

Applicant’s foreign family members in Japan, including his spouse, and his father-in-law, as well as his wife’s foreign financial interests, do not pose a risk to the national security. Clearance is granted. CASE NO: 17-01779.h1


Financial

07/10/2018

Applicant’s history of excessive financial indebtedness has been mitigated. Clearance is granted. CASE NO: 16-03631.h1


Mental

07/10/2018

Applicant was diagnosed in 2012 with bipolar disorder. He briefly pursued treatment but did not follow through with it. His bipolar diagnosis was confirmed in September 2017, as a result of a psychological evaluation conducted during his background investigation. Applicant began psychiatric treatment for his condition in September 2017, and his treatment continues. However, Applicant’s treatment provider found that his condition is unstable and his prognosis is unknown. More time is needed for Applicant to demonstrate ongoing and consistent compliance with his treatment plan. Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline I, psychological conditions. Applicant’s eligibility for access to classified information is denied. CASE NO: 14-06894.h1


Financial

07/09/2018

Although circumstances beyond Applicant’s control contributed to some of his financial problems, he has not acted responsibly in addressing his delinquent debts. Applicant initiated Chapter 13 bankruptcy proceedings, however, there is no documentary evidence of any payments in accordance with a bankruptcy plan. Clearance is denied. CASE NO: 17-02149.h1


Financial

07/09/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-04059.h1


Drugs, Personal Conduct

07/09/2018

Applicant failed to mitigate the security concerns under Guideline H, drug involvement and substance misuse, and Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03963.h1


Financial

07/09/2018

Applicant settled and paid all of the delinquent debts listed on her statement of reasons. Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-02022.h1


Financial

07/09/2018

Applicant provided insufficient evidence that she was unable to make payments to two creditors. Her unpaid vehicle-related tickets are the primary concern. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01785.h1


Financial

07/09/2018

Applicant made sufficient progress resolving the delinquent debts alleged on his statement of reasons. Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-01748.h1


Foreign Influence

07/09/2018

Based on a review of the pleadings and exhibits, I conclude that Applicant failed to mitigate the concerns related to foreign influence raised by his relatives and friend in India. His request for a security clearance is denied. CASE NO: 17-01672.h1


Foreign Influence

07/06/2018

Applicant did not mitigate Guideline B (foreign influence) trustworthiness concerns relating to his connections to his family in Jordan. Eligibility for access to classified information is denied. CASE NO: 17-03034.h1


Financial; Personal Conduct

07/06/2018

Although it is now mid-2018, Applicant failed to prove that he had finally filed his federal income tax returns for the tax years 2008 through 2015, although he promised to do so by the end of 2016. In addition, while Applicant was reminded by the U.S. Office of Personnel Management (OPM) investigator of his delinquent accounts in September 2016, he made little, if any, efforts to contact most of his creditors. All of his delinquent debts remain unresolved, although there is evidence that two of them, the child support arrearage and the military credit card, have received at least one payment each from him. One large debt, for $44,819, apparently dropped off his credit report, but Applicant offered no explanation for that action. Some debts, with the minimum balances of $179, $267, and $269, still have not been addressed. There is no evidence that he disputed any of the accounts. Because of his failure to submit documentation or information regarding his current finances, or his planned efforts to resolve his outstanding debts, his financial situation is unknown. When he completed his security clearance application, he falsely denied that he had any pending income tax issues. Applicant’s actions with respect to his finances under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-02496.h1


Financial

07/06/2018

Before April 2002 and March 2015, Applicant was unemployed nineteen times for periods between one and six months. Since March 2015, he has worked for one employer. In August 2017, he mailed proposed payment agreements to 37 creditors or collection agencies. He established a repayment plan with the Internal Revenue Service (IRS) to begin repaying two federal tax liens in October 2017. A second payment plan with the IRS was established on November 2, 2017, to include additional unlisted tax years. Applicant furnished no documentation showing payments made under either IRS plan or payments under the agreements he established with the other listed creditors. The financial considerations guideline is unmitigated. Eligibility for access to classified information is denied. CASE NO: 17-02372.h1


Financial

07/06/2018

Applicant incurred delinquent debts, however her finances are now under control. She has mitigated the Guideline F concern. Eligibility for access to sensitive information is granted. CASE NO: 17-02227.h1


Financial

07/06/2018

Applicant did not timely file her federal income tax returns for tax years 2015 and 2016. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01931.h1


Financial

07/06/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by her tax-related financial issues. She has a 10-year-plus history of not filing her income tax returns and not paying her taxes. Her past-due federal tax debt totals over $50,000. Clearance is denied. CASE NO: 17-01890.h1


Financial

07/06/2018

The creditor cancelled all of the delinquent debts listed on Applicant’s statement of reasons in 2016. Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-01877.h1


Foreign Influence

07/06/2018

Based on a review of the pleadings, testimony, and exhibits, I conclude that Applicant has mitigated the concerns related to foreign influence raised by his Iranian family members. He can be expected to resolve any conflict of interest in favor of the United States. His request for a security clearance is granted. CASE NO: 17-01072.h1


Financial

07/06/2018

Applicant did not provide sufficient evidence to mitigate her history of financial problems and delinquent debts. Clearance is denied. CASE NO: 17-00595.h1


Financial

07/06/2018

Applicant has not mitigated the concerns related to his financial delinquencies. His request for national security eligibility and a security clearance is denied. CASE NO: 17-00192.h1


Security Violations; Personal Conduct

07/06/2018

Applicant did not mitigate the handling protected information and personal conduct security concerns raised by his security violations and omissions during his security clearance investigation. Eligibility for access to classified information is denied. CASE NO: 16-03861.h1


Foreign Influence, Personal Conduct

07/05/2018

Applicant is a mature, educated man. He has multiple family members and contacts who are citizens and residents of Israel with whom he maintains regular contact. Given their present circumstances, however, it appears unlikely Applicant would ever have to choose between foreign interests and those of the United States. Furthermore, Applicant used marijuana in 2017. This occurred after he submitted his security clearance application. Given the timing of his marijuana use, Applicant has demonstrated poor judgment. One year of subsequent abstinence, without more, is insufficient to mitigate personal conduct security concerns. Clearance is denied. CASE NO: 17-03621.h1


Financial

07/05/2018

Applicant’s evidence is insufficient to demonstrate financial responsibility, or that his financial problems are being resolved. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-01654.h1


Financial, Personal Conduct

07/03/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. He refuted the security concerns raised under Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03689.h1


Financial, Personal Conduct

07/03/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations, but mitigated the Guideline E, personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03660.h1


Financial

07/03/2018

Although it is now mid-2018, Applicant failed to prove that he had finally filed his federal income tax returns for the tax years 2013 and 2014. In addition, while Applicant was reminded by the U.S. Office of Personnel Management (OPM) investigator of his delinquent accounts in July 2016, he made no efforts to contact his creditors for approximately one year. The vast majority of his delinquent debts remain unresolved. The one debt with the minimum balance of $100 was not addressed until October 2017, and the one debt with a relatively modest balance of $225 has still not been paid. There is no evidence that he disputed any of the accounts. Because of his failure to submit documentation or information regarding his current finances, or his planned efforts to resolve his outstanding debts, his financial situation is unknown. Applicant’s actions with respect to his finances under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-02468.h1


Foreign Influence

07/03/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 17-01962.h1


Financial

07/03/2018

Applicant failed to mitigate the security concerns raised by his failure to file federal and state income tax returns for a number of years between 2001 and 2015, and his $28,052 in unresolved delinquent debt. Applicant’s continued access to classified information is denied. CASE NO: 17-01763.h1


Financial

07/03/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-01432.h1


Financial

07/02/2018

Applicant did not mitigate the financial considerations security concerns including numerous tax issues. Eligibility denied. CASE NO: 17-04235.h1


Financial

07/02/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-04205.h1


Financial; Personal Conduct

07/02/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems or his personal conduct. Eligibility is denied. CASE NO: 17-04116.h1


Financial

07/02/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03816.h1


Financial

07/02/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03279.h1


Financial

07/02/2018

Although circumstances beyond Applicant’s control contributed to some of his financial problems, he has not acted responsibly in addressing his delinquent debts or made any debt-resolution efforts. Clearance is denied. CASE NO: 17-03207.h1


Alcohol Consumption; Personal Conduct

07/02/2018

Applicant has not mitigated the security concerns raised by his three alcohol-related arrests. Clearance is denied. CASE NO: 17-03193.h1


Drug Use; Personal Conduct

07/02/2018

Applicant failed to mitigate the drug involvement and substance misuse and personal conduct security concerns alleged in the SOR. Eligibility is denied. CASE NO: 17-02679.h1


Guideline E; Guideline H

07/02/2018

Applicant was granted a security clearance in 2015. In 2016, he experienced symptoms of depression, which he believed were not being adequately treated by his medication and other medical treatments. He decided to use marijuana with his friend. Soon thereafter, he purchased marijuana, took it with him on a business trip, and used it two mornings before business meetings. He also purchased drug paraphernalia on that trip. Adverse decision affirmed. CASE NO: 17-02236.a1


Financial

07/02/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-02213.h1


Financial

07/02/2018

Applicant provided insufficient evidence that he was unable to make payments to the creditors on his statement of reasons (SOR). Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-02018.h1


Financial

07/02/2018

Applicant failed to mitigate the financial considerations security concern generated by her delinquent debts. Clearance is denied. CASE NO: 17-00774.h1


Foreign Influence

07/02/2018

Applicant mitigated Guideline B (foreign influence) security concerns relating to his connections to family living in Israel; however, security concerns arising from his mother-in-law living in Russia are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-00571.h1


Guideline E; Guideline F

07/02/2018

The Directive does not authorize a Judge to act as an investigator for either party. Adverse decision affirmed. CASE NO: 16-03709.a1


Financial, Personal Conduct

07/02/2018

Applicant experienced financial difficulties due to circumstances largely beyond his control, but mitigated the concern by acting responsibly. His omissions on his security clearance application were unintentional. Eligibility for access to classified information is granted. CASE NO: 16-03407.h1


Guideline G; Guideline M

07/02/2018

The evidence, viewed as a whole, supports a reasonable conclusion that Applicant has habitually consumed alcohol to the point of impairment after which he operated a motor vehicle. Adverse decision affirmed. CASE NO: 16-02640.a1


Financial, Foreign Influence

07/02/2018

Applicant successfully refuted the Guideline B, foreign influence, security concerns. She failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 16-01991.h1


Financial

07/02/2018

Applicant failed to pay her creditors despite she had the financial means to do so after obtaining employment in June 2017. After receiving notice from the government that her security clearance was in jeopardy in 2018, Applicant initiated payments to some of her creditors. She has numerous delinquent debts that are not resolved. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 16-01977.h1


Financial

07/02/2018

Applicant failed to mitigate the trustworthiness concerns raised by her $8,000 in delinquent debt, which had only been resolved after she received the SOR, and her failure to timely file her 2012 and 2013 Federal income tax returns. Eligibility for public trust position denied. CASE NO: 16-01838.h2


Foreign Preference; Foreign Influence

07/02/2018

The Government withdrew the foreign preference allegation and Applicant presented sufficient evidence to mitigate foreign influence security concerns raised by his ties to relatives residing in Taiwan. Clearance is granted. CASE NO: 15-06039.h1


Financial

06/29/2018

Applicant did not provide evidence that he was resolving his delinquent debts. The security concerns raised under financial considerations are not mitigated. Clearance is denied. CASE NO: 18-00034.h1


Guideline F

06/29/2018

An applicant is entitled to receive an SOR that places him or her on reasonable notice of the allegations being adjudicated. In this case, the Board concludes, after considering the record as a whole, that the SOR issued to Applicant placed him on adequate notice of the allegations against him. In his opening statement at the hearing, Applicant acknowledged that the basis for DoD declining to grant his security clearance was “due to my failure to file Federal and state income taxes for years 2010 through ‘16.” Adverse decision affirmed. CASE NO: 17-01842.a1


Alcohol; Criminal Conduct; Personal Conduct

06/29/2018

Applicant presented sufficient evidence to mitigate security concerns raised by his past alcohol-related problems. However, he did not present sufficient evidence to mitigate security concerns raised by his drug use while holding a security clearance and lack of candor about it during a past background investigation. Clearance is denied. CASE NO: 17-01813.h1


Financial

06/29/2018

Applicant failed to mitigate the security concerns raised by his unresolved delinquent accounts. Applicant’s access to classified information is denied. CASE NO: 17-01759.h1


Personal Conduct; Foreign Influence

06/29/2018

Applicant failed to mitigate the personal conduct concerns raised by his solicitation of prostitutes in South Korea and Thailand between 1999 and 2013. He also failed to mitigate the foreign influence concerns raised by his ongoing contact with a Thai national, a former prostitute, with whom Applicant considers himself romantically involved. Continued access to classified information is denied. CASE NO: 17-01558.h1


Guideline F

06/29/2018

Applicant attributed his tax filing deficiencies, in part, to laziness. He did not file his 2015-2016 tax returns until after the SOR was issued or file his 2014 Federal income tax return until after he received the FORM. The record does not contain proof that he filed his 2014 state income tax return. As we have previously noted, an applicant who resolves financial problems after being placed on notice his or her security clearance may be in jeopardy may lack the judgment and self-discipline to follow rules and regulations over time or when there is no immediate threat to his own interests. Favorable decision reversed. CASE NO: 17-01213.a1


Financial

06/29/2018

Applicant mitigated security concerns arising under Guideline F (financial considerations). His statement of reasons (SOR) lists 11 delinquent debts. He paid six debts; four debts are in payment plans; and one debt is under good-faith settlement negotiations. Eligibility for access to classified information is granted. CASE NO: 17-00794.h1


Guideline E; Guideline F

06/29/2018

Applicant has not challenged the Judge’s adverse findings and conclusions regarding the falsification allegation, which is sufficient independently to support the unfavorable decision. Adverse decision affirmed. CASE NO: 17-00782.a1


Financial; Drugs; Personal Conduct

06/29/2018

Applicant has not mitigated the concerns related to his financial situation and falsification of a Government questionnaire. He mitigated drug use concerns. His request for national security eligibility and a security clearance is denied. CASE NO: 16-04036.h1


Foreign Influence, Security Violations

06/29/2018

Applicant, a naturalized U.S. citizen from India, has demonstrated sufficient financial and familial ties to the United States to mitigate the foreign influence concerns raised by his connections to India. He has also mitigated the concerns raised by the two security violations he received in 2014. The violations were inadvertent, and did not result in the compromise of classified information. Clearance is granted. CASE NO: 16-04013.h1


Financial; Alcohol; Personal Conduct

06/29/2018

Applicant provided sufficient evidence to mitigate security concerns arising under Guidelines F (financial considerations) and G (alcohol consumption), and to refute security concerns under Guideline E (personal conduct). Eligibility for access to classified information is granted. CASE NO: 16-03993.h1


Financial

06/29/2018

Applicant used marijuana for medicinal purposes while holding a security clearance. At the time of her use, she relied on a lawful prescription for medicinal marijuana under state law without knowledge that her use violated company and DOD anti-drug policy, as well as federal law. Since her briefing on her mistaken reliance on state law, she has found alternative medications to address her cancer-related pains, has not used marijuana for any purpose for almost two years, and has no intention of doing so in the future. Drug involvement concerns are mitigated. Clearance is granted. CASE NO: 16-03602.h1


Drug Involvement and Substance Misuse, Criminal Conduct, and Personal Conduct

06/28/2018

In February 2017, nearly three years after he was granted a secret clearance, Applicant was arrested, cited for possession of marijuana, a misdemeanor, given a court date, and released on summons. In August 2017, he entered a plea of guilty to the reduced charge of trespassing, a misdemeanor. He was sentenced to supervised probation for 12 months. Applicant initially acknowledged that the marijuana belonged to him, but eventually changed his position by claiming it belonged to “a friend” whom he refused to identify. He continues to maintain friendships with drug-using individuals, and there is no expressed intent to disassociate himself from them. The combination of Applicant’s proven actions and explanations casts doubt on Applicant’s reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-04170.h1


Financial

06/28/2018

Applicant accumulated a state tax lien, student loan delinquencies, and other delinquent debts that she has since paid or otherwise resolved. Financial concerns are mitigated. Eligibility to hold a security clearance is granted. CASE NO: 17-03097.h1


Foreign Influence

06/28/2018

Applicant provided sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his ties Iraq. Access granted. CASE NO: 17-02959.h1


Financial, Personal Conduct

06/28/2018

Applicant failed to mitigate the financial considerations security concerns. The personal conduct security concerns are found in her favor. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-02095.h1


Guideline E; Guideline J

06/28/2018

Applicant contends the Judge erred in finding that she was arrested for the child cruelty charge in 2014. In support of this claim, she submitted a Detention Certificate that postdates the Judge’s decision. This Detention Certificate constitutes new evidence that the Appeal Board cannot consider. We note that, in her security clearance application, Applicant disclosed that she “was arrested” for the 2014 incident, and a police record also reflects she was arrested on that occasion. The Judge’s finding that Applicant was arrested for the child cruelty charge in 2014 is supported by substantial evidence. Adverse decision affirmed. CASE NO: 17-00709.a1


Financial

06/28/2018

Applicant failed to timely file his federal and state income tax returns for five consecutive years. He failed to demonstrate good judgment, reliability, and ability to comply with the law. He has a problem complying with well-established government rules. His evidence is insufficient to establish a track record of financial responsibility. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 16-03904.h1


Foreign Influence; Drugs; Personal Conduct

06/28/2018

Applicant mitigated security concerns raised by his father-in-law who is a citizen of Djibouti. His marijuana use in 2012 and 2013 is also mitigated. He did not intentionally provide false information on a security clearance application. Clearance is granted. CASE NO: 16-03852.h1


Foreign Influence

06/28/2018

The evidence is sufficient to mitigate the security concern based on Applicant’s ties to Iraq, the country of his birth, from which he fled. Eligibility granted. CASE NO: 16-02051.h1


Financial

06/27/2018

Applicant’s federal income tax returns for tax years 2014, 2015, and 2016 were not filed until February 2018. Collection debts totaling $7,061 have been paid or settled. Her financial issues have been addressed, but concerns persist about whether she can be relied on to comply with tax-filing deadlines in the future. Clearance is denied. CASE NO: 17-03364.h1


Foreign Influence; Personal Conduct; Handling Protected Information

06/27/2018

Applicant mitigated Guideline B (foreign influence) security concerns relating to his connections to family living in Iraq. He also mitigated Guideline E (personal conduct) security concerns relating to his erroneous omission of information on his Questionnaire for National Security Positions or security clearance application. He did not mitigate personal conduct security concerns relating to his use of countermeasures to pass a polygraph examination, and he did not mitigate Guideline K (handling protected information) security concerns relating to his release of sensitive information. Eligibility for access to classified information is denied. CASE NO: 17-01293.h1


Financial, Personal Conduct

06/27/2018

Applicant failed to mitigate the security concerns arising under the Financial Considerations and Personal Conduct guidelines related to his history of excessive indebtedness, and failure to disclose his student loans and consumer debts. National security eligibility for access to classified information is denied. CASE NO: 17-00963.h1


Financial

06/27/2018

Applicant is not making a good-faith effort to address her significant past-due student loans. Clearance is denied. CASE NO: 16-03483.h1


Financial

06/27/2018

Applicant has yet to address his significant and admitted past-due debts. Clearance is denied. CASE NO: 16-03281.h1


Financial; Personal Conduct

06/27/2018

Applicant has significant past-due indebtedness that he has yet to address. He was also less than candid about his past-due indebtedness on his 2014 Security Clearance Application. National security eligibility is denied. CASE NO: 16-03133.h1


Personal Conduct, Criminal Conduct

06/27/2018

Applicant was arrested for two alcohol-related offenses in 2005 and 2007 and was cited for eight mostly traffic-related offenses between 2006 and 2014. He was also cited for falsifying his 2014 security clearance application, but was able to demonstrate that the falsification was unintentional and not deliberate. Applicant has been alcohol-free for the past three years and demonstrated sustained positive behavior for the past four years. Clearance is granted. CASE NO: 15-01313.h1


Financial; Alcohol; Personal Conduct

06/27/2018

Applicant owes $30,000 in back-taxes as a result of his tardy income tax return filings. He has five alcohol-related criminal incidents, and is still on probation for the most recent one. Furthermore, he is not in compliance with the terms of his probation. Applicant also has two unrelated letters of reprimand. Clearance is denied. CASE NO: 14-05883.h1


Guideline F

06/26/2018

Applicant failed to mitigate security concerns under Guideline F. He defaulted on several debts after his divorce and discharge from the U.S. military. After his discharge, he earned a certification in his field and became reemployed 18 months later, but he never attempted to pay his past delinquent debts, including a mortgage loan on which he made a strategic decision to default and force the lender to foreclose on the property. Clearance is denied. CASE NO: 17-03624.h1


Alcohol Consumption; Drug Involvement; Personal Conduct

06/26/2018

Applicant did not mitigate the security concerns under Guideline G, alcohol consumption; Guideline H, drug involvement; or Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-03554.h1


Financial

06/26/2018

Applicant did not provide sufficient evidence to mitigate the financial security concerns relating to an outstanding state tax lien and other delinquent debts. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-02974.h1


Financial

06/26/2018

Applicant’s financial delinquencies, many of which are medical debts, are largely attributable to conditions beyond her control. She is working three jobs to pay off her debts as best she can. She is making a good-faith effort to resolve her debts. Applicant has mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 17-02194.h1


Personal Conduct

06/26/2018

Applicant was terminated for failing to timely submit the required security clearance background documentation when he first took a job with an employer in 2012, but was eventually rehired. He received a letter of counseling in 2014, supposedly based on a claim by a female co-worker who claimed Applicant had asked her to go to lunch with him “in a non-professional manner,” construed by her as “sexual advancements” or “sexual harassment.” Applicant denied he ever sexually harassed the woman and explained that he was simply being cordial by inviting her to join him at a local fast-food establishment. There is no statement in the case file from the woman, so the purported actions and statements by Applicant are not known, and there is no evidence to support her accusations that they were sex-related. Moreover, there is no report of inquiry or investigation from the employer to support the allegations. Applicant has served in a number of positions with various employers, and has been assigned to locations in several combat zones including Iraq and Afghanistan, as well as in unspecified positions in the Horn of Africa, in support of special operations forces. Applicant’s contributions to the various missions to which he was associated have been documented by those with whom he worked. The combination of Applicant’s proven actions, explanations, and beliefs do not cast doubt on Applicant’s reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 17-01822.h1


Foreign Influence, Foreign Preference, Personal Conduct, Security Violations

06/26/2018

Applicant mitigated the security concerns under foreign influence, foreign preference, personal conduct, and handling protecting information. Eligibility for access to classified information is granted. CASE NO: 15-08380.h1


Foreign Influence

06/26/2018

Applicant presented sufficient evidence to mitigate foreign influence security concerns raised by her limited contact with and connection to relatives residing in Iraq. Clearance is granted. CASE NO: 15-05694.h1


Financial

06/25/2018

Applicant accumulated several medical and consumer debts during periods of relocation and insurance company failures to cover certain medical procedures. Applicant has since paid or otherwise resolved all but one of his SOR debts. Financial concerns are mitigated. Clearance is granted. CASE NO: 17-04378.h1


Foreign Influence

06/25/2018

Applicant’s ties to Iraq and Iran are outweighed by her relationships and loyalties in the United States. Foreign influence security concerns are mitigated. Clearance is granted. CASE NO: 17-03555.h1


Drugs

06/25/2018

Applicant failed to mitigate the drug involvement concerns. Eligibility for access to classified information is denied. CASE NO: 17-03490.h1


Foreign Influence

06/25/2018

Applicant mitigated the concerns raised under foreign influence. Clearance is granted. CASE NO: 17-02889.h1


Financial, Personal Conduct

06/25/2018

Applicant failed to mitigate the alleged financial and personal conduct trustworthiness concerns. National security eligibility for a position of trust is denied. CASE NO: 17-02651.h1


Handling Protected Information, Use of Information Technology, and Personal Conduct

06/25/2018

Applicant mitigated the concerns raised under the Handling Protected Information, Use of Information Technology, and Personal Conduct guidelines. Eligibility for access to classified information is granted. CASE NO: 17-01584.h1


Financial; Personal Conduct

06/22/2018

Applicant has not mitigated the security concerns raised by his delinquent debts and his lack of candor in his security clearance application. Clearance is denied. CASE NO: 17-02145.h1


Drug Involvement and Substance Misuse; Personal Conduct

06/22/2018

Applicant mitigated the security concerns under the drug involvement and substance abuse guideline. She has not mitigated the personal conduct concerns. Eligibility for a security clearance is denied. CASE NO: 17-00671.h1


Guideline H

06/22/2018

We note that there is a variance between the Judge’s finding (“less than ten times”) and conclusion (“at least ten times”) on this issue (marijuana use). This difference, however, constitutes a harmless error given Applicant’s drug use occurred while holding a security clearance. Adverse decision affirmed. CASE NO: 16-02872.a1


Foreign Influence

06/21/2018

Applicant mitigated the security concerns about his contacts in Ukraine. Applicant’s eligibility for a security clearance is granted. CASE NO: 17-02973.h1


Financial

06/21/2018

Applicant failed to mitigate the security concerns arising under Guideline F, Financial Considerations. His ongoing history of indebtedness and failure to timely pay Federal income tax obligations remain a concern. National security eligibility for access to classified information is denied. CASE NO: 17-01791.h1


Guideline E; Guideline F

06/21/2018

The fact a debt no longer appears on a credit report does not establish any meaningful, independent evidence as to the disposition of the debt. Debts may fall off credit reports merely due to the passage of time. Having admitted the alleged student loans in his SOR Response, Applicant had the burden to present evidence to rebut, explain, extenuate, or mitigate the security concerns arising from those debts and had the ultimate burden of persuasion for obtaining a favorable clearance decision. Directive ¶ E3.1.15. We find no reason to disturb the Judge’s determination that Applicant failed to meet that burden. Adverse decision affirmed. CASE NO: 16-03103.a1


Foreign Influence

06/20/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 16-04071.h1


Criminal Conduct; Personal Conduct

06/19/2018

Applicant was arrested several times on illegal drug and assault charges and once for driving under the influence (DUI) during his late teens and early 20s. He pleaded guilty to refusing a breathalyzer test following a more recent arrest for DUI in December 2015. While he showed poor judgment on that occasion, he has turned his life around. There is little likelihood of recurrence. Clearance is granted. CASE NO: 17-02406.h1


Foreign Influence; Foreign Preference; Financial

06/19/2018

The evidence is sufficient to mitigate the security concern based on Applicant’s ties to Iraq, the country of her birth, from which she fled. In addition, Applicant resolved multiple delinquent debts, caused largely by periodic unemployment, thereby mitigating the security concern for financial considerations. Eligibility granted. CASE NO: 17-00284.h1


Financial

06/19/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 16-04053.h1


Foreign Influence; Personal Conduct; Financial

06/19/2018

Applicant has mitigated the concerns related to his remote foreign contacts, lending money to a friend and relatives, and any possible security concerns over a foreign trip. His request for national security eligibility and a security clearance is granted. CASE NO: 16-03523.h1


Sexual Behavior; Personal Conduct

06/19/2018

Notwithstanding a favorable prognosis from a psychologist, Applicant has not mitigated the security concerns raised by his repeated videotaping up women’s skirts without their consent. Clearance is denied. CASE NO: 12-04943.h1


Drugs

06/18/2018

Applicant did not mitigate the security concerns about his involvement with illegal drugs. Applicant’s request for a security clearance is denied. CASE NO: 17-03545.h1


Financial

06/18/2018

Applicant resolved all of the delinquent debts listed on his statement of reasons. Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-02282.h1


Financial

06/18/2018

Applicant incurred more than $293,000 in delinquent debt over the past 20 years, most of which she has been unable or unwilling to repay. Resulting security concerns were not mitigated. National security eligibility is denied. CASE NO: 16-01932.h1


Drugs

06/15/2018

Applicant misused prescription drugs, and used marijuana and cocaine while working for a defense contractor. His eschewing the future use of illegal substances is not convincing. Clearance is denied. CASE NO: 17-04196.h1


Personal Conduct

06/15/2018

Applicant was investigated by the FBI in September 2009 for suspected Internet access to child pornography. Applicant was not prosecuted for any crime, and he denied any knowing access to child pornography. He engaged in online fantasy role-playing, and he continues to access adult-domination pornography. He has been open about the conduct and does not intend to access child pornography. Clearance is granted. CASE NO: 17-02286.h1


Sexual Behavior; Use of Information Technology

06/15/2018

Applicant’s viewing of pornography on his employee computer occurred about a year prior to his hearing. Although his wife is aware of his misconduct; and he is not addicted to pornography, it is too soon to say that similar rule violations are unlikely to be repeated in the future. National security eligibility is denied. CASE NO: 17-02034.h1


(CAC) Criminal; Intentional False Statement

06/15/2018

Applicant did not mitigate the CAC eligibility concerns under Supplemental Adjudicative Standards, Paragraphs 2 and 3. Eligibility for CAC is denied. CASE NO: 17-01990.h1


Handling Protected Information; Use of Information Technology; Personal Conduct

06/15/2018

Although Applicant mitigated his improper handling of protected information, and his illegal use of information technology with the passage of time, coupled together they demonstrate a clear pattern of rule violations. National security eligibility is denied. CASE NO: 17-01870.h1


Financial, Personal Conduct

06/15/2018

Applicant has had a history of financial difficulties, specifically many delinquent debts. The financial problems have been caused at least partially because of a divorce from his first wife. However, Applicant has taken no steps to attempt to resolve his delinquent debts. When Applicant completed a Security Clearance Application, he knowingly and willfully failed to list his delinquent debts. He also failed to include his DUI arrests and convictions in 2012 and 2015, for which he is on probation until 2025. Mitigation has not been shown. Clearance is denied. CASE NO: 17-01502.h1


Financial

06/15/2018

Applicant’s evidence is insufficient to show that she has a track record of financial responsibility concerning her legal obligation to file income tax returns and to pay her taxes, and that her financial problem is being resolved or is under control. She failed to mitigate the Guideline F (financial considerations) trustworthiness concerns. Eligibility to hold a position of trust is denied. CASE NO: 17-00731.h1


Foreign Influence

06/15/2018

Applicant’s longstanding U.S. ties, coupled with appropriate safeguards and conditions, mitigate security concerns raised by his familial relations in Russia. Clearance is granted. CASE NO: 17-00218.h1


Personal Conduct; Financial

06/15/2018

Applicant has not mitigated the security concerns under the personal conduct security concerns or the financial considerations security concerns. Eligibility for a security clearance is denied. CASE NO: 16-03457.h1


Guideline F

06/15/2018

In the decision, the Judge erred in failing to examine the husband’s unemployment in 2013 and failing to analyze how such unemployment should be treated under mitigating condition 20(b). Accordingly, we conclude that the best resolution of this case is to remand the case to the Judge for correction of these errors and for further processing consistent with the Directive. Adverse decision remanded. CASE NO: 16-01838.a1


Guideline F

06/14/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Rather, it contains new evidence in the form of a narrative statement about her efforts to resolve alleged debts and documents not previously submitted to the Judge. Adverse decision affirmed. CASE NO: 17-02675.a1


Guideline F

06/14/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Rather, it contains a narrative statement about her efforts and plans to resolve her alleged debts. Adverse decision affirmed. CASE NO: 17-02365.a1


Financial

06/14/2018

Applicant mitigated security concerns raised for failing to file his 2013 through 2016 Federal and state income tax returns. He submitted competent evidence that he suffered from debilitating depression and was diagnosed with major depressive disorder following the death of his spouse after 23 years of marriage. Applicant has since regained control of his personal and professional life, filed his back taxes, and is managing his finances in a responsible manner. Clearance is granted. CASE NO: 17-01319.h1


Financial

06/14/2018

Applicant failed to timely file his 2012 and 2014 Federal income tax returns, as required. He has since resolved all formerly outstanding tax issues, and demonstrated his financial solvency. Resulting security concerns were not mitigated. National security eligibility is denied. CASE NO: 17-00236.h1


Financial, Personal Conduct

06/14/2018

Applicant has mitigated the security concerns raised by his failure to disclose derogatory information during his background investigation, but has not mitigated the security concerns raised by his delinquent debts. Eligibility for access to classified information is denied. CASE NO: 16-01596.h1


Guideline F

06/14/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 14-05205.a1


Financial

06/13/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-04400.h1


Financial

06/13/2018

Applicant has acquired nearly $13,000 in delinquent debt, much of it medical in nature. Despite her limited income, she has paid or settled multiple debts to date, and has the expressed intent to continue honoring her obligations. Given her progress thus far, financial considerations trustworthiness concerns are mitigated. Eligibility for a public trust position is granted. CASE NO: 17-04026.h1


Foreign Influence

06/13/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 17-03445.h1


Personal Conduct, Financial

06/13/2018

Applicant failed to mitigate the security concerns under Guideline E, personal conduct and Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03321.h1


Financial; Personal Conduct

06/13/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems. He did, however, mitigate the security concern about his personal conduct. Eligibility is denied. CASE NO: 17-02918.h1


Guideline F

06/13/2018

Applicant contends the Judge did not fully investigate his financial situation. However, a Judge has no authority to act as an investigator in a security clearance adjudication. Any attempt by a Judge to serve as an investigator would conflict with his or her role as an impartial fact-finder. Adverse decision affirmed. CASE NO: 17-02852.a1


Guideline F

06/13/2018

Given the facts in this case, the Judge’s conclusion that Applicant knew there was stock trading activity taking place on his son’s account and such activity could have tax consequences was a reasonable inference that could be drawn from the evidence. Applicant has failed to show the Judge erred in either her findings or conclusions regarding the tax lien. Adverse decision affirmed. CASE NO: 17-01337.a1


Financial

06/13/2018

Applicant failed to mitigate the financial considerations security concerns arising from his delinquent debts and failure to file income tax returns. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-00935.h1


Guideline B

06/13/2018

Applicant argues that there is nothing wrong or suspicious with having family members living abroad, having a secondary home abroad, or visiting one’s birthplace. He also stated that he has no ties of loyalty or obligations to his foreign family members. To the extent that Applicant is arguing that his circumstances do not raise security concerns, we note the Directive presumes there is a nexus or rational connection between proven conduct or circumstances under any guideline and an applicant’s security eligibility. Direct or objective evidence of nexus is not required. Adverse decision affirmed. CASE NO: 17-00507.a1


Financial; Personal Conduct

06/13/2018

Applicant mitigated the personal conduct security concern, but did not mitigate the financial considerations. Eligibility for access to classified information is denied. CASE NO: 15-04892.h1


Financial, Personal Conduct

06/12/2018

Applicant did not provide sufficient evidence to mitigate the financial security concerns arising from his ongoing failure to take responsible action to resolve significant unpaid child support. He mitigated personal conduct security concerns arising from his alleged falsification of a security clearance application by disclosing the related information during his interview. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-01892.h1


Financial

06/12/2018

Applicant incurred six debts that stem from uncovered medical bills and travel costs associated with securing medical treatment for his infant son. Applicant has since regained control of his finances and has paid or is in an established payment plan for each of these debts. Clearance is granted. CASE NO: 17-01233.h1


Financial

06/12/2018

Applicant has mitigated the concerns related to his financial situation. His request for national security eligibility and a security clearance is granted. CASE NO: 17-00699.h1


Financial

06/12/2018

Applicant not mitigated the security concerns under the financial considerations guideline. Applicant's delinquent debts are paid or in the process of being resolved. He has a tax plan with the IRS for delinquent taxes. Eligibility for a security clearance is granted. CASE NO: 16-00614.h1


Financial

06/11/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03574.h1


Financial

06/11/2018

Applicant’s delinquent debt, including child support arrearages and taxes, remain excessive and outstanding. Periods of unemployment, a job lay-off, and an injury on the job have contributed to his financial problems and he has been unable to pay his debt. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-02613.h1


Financial

06/11/2018

Applicant’s excessive indebtedness has not been sufficiently resolved. Clearance is denied. CASE NO: 17-02463.h1


Financial

06/11/2018

Applicant’s delinquent debts totaling approximately $60,000 remains owing. She has also failed to file her state and Federal income tax returns for six years. Applicant has had multiple periods of unemployment, job lay-offs, two divorces, and has been unable to pay her excessive delinquent debts. There is insufficient evidence of rehabilitation. Eligibility for a public trust position is denied. CASE NO: 17-02383.h1


Financial; Personal Conduct

06/11/2018

Applicant has refuted the allegation that he falsified an Electronic Questionnaire for Investigations Processing (e-QIP). It is unclear from the record whether he is seeking eligibility for a public trust position or eligibility for access to classified information. In either case, he has mitigated the national security concerns raised by his delinquent debts. Eligibility for a public trust position or access to classified information is granted. CASE NO: 17-02193.h1


Financial

06/11/2018

A fair and commonsense assessment of the record evidence as a whole shows the security concerns raised by Applicant’s financial problems and a felony theft conviction are mitigated. His request for a security clearance is granted. CASE NO: 17-00778.h1


Foreign Influence

06/11/2018

Applicant has mitigated the foreign influence security concerns raised by the fact that her parents and four siblings are citizens and residents of Ukraine. Access to classified information is granted. CASE NO: 17-00333.h1


Drug Involvement and Misuse of Substance

06/11/2018

Applicant did not mitigate the security concerns under Guideline H for drug involvement. He smoked marijuana from 2009 to 2018, despite his promise to stop in 2016 when he applied for a security clearance. Eligibility for a security clearance is denied. CASE NO: 17-00330.h1


Financial

06/11/2018

Applicant’s delinquent debts totaling approximately $60,000 remains owing. She has also failed to file her state and Federal income tax returns for six years. Applicant has had multiple periods of unemployment, job lay-offs, two divorces, and has been unable to pay her excessive delinquent debts. There is insufficient evidence of rehabilitation. Eligibility for a public trust position is denied. CASE NO: 17-00241.h1


Financial; Personal Conduct

06/11/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations and Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-00220.h1


CAC

06/11/2018

Applicant was fired from a job in 2016 for poor performance. In completing her DFE, Applicant answered “no” to a question about whether, within the previous five years, she had been fired from any job for any reason. This answer was false. Applicant stated in her response to the SOR that she had been involuntarily terminated from the job but that she was not given a reason. She also stated that her omission from her DFE was due to oversight. Adverse decision affirmed. CASE NO: 16-03527.a1


Financial

06/11/2018

Applicant failed to mitigate the financial concerns raised by delinquent taxes. Eligibility for access to classified information is denied. CASE NO: 16-03449.h1


Misuse of Technology and Personal Conduct

06/11/2018

Applicant mitigated the security concerns under the misuse of technology and personal conduct guidelines. Eligibility for a security clearance is granted. CASE NO: 16-02940.h1


Guideline E; Guideline H; Guideline J

06/11/2018

A Judge may weigh the same evidence differently under different guidelines. In the case before us, the Judge’s analysis under Guideline E devoted particular attention to Applicant’s drug use while holding a clearance. This was reasonable, in view of the inclusion under Guideline E of conduct that evidences questionable judgment. Applicant has not shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Neither has he rebutted the presumption that the Judge considered all of the evidence in the record. Adverse decision affirmed. CASE NO: 16-02483.a1


Sexual Behavior, Criminal Conduct, Financial

06/11/2018

Although the sexual behavior and criminal conduct allegations arose from behavior that occurred in 2011 and 2012, Applicant’s inconsistent statements and failure to accept any responsibility for his conduct remain concerns. Applicant has not paid or otherwise resolved his delinquent accounts. Eligibility for access to classified information is denied. CASE NO: 16-02104.h1


Personal conduct; Alcohol

06/11/2018

Applicant failed to mitigate the security concerns under Guideline E, personal conduct and Guideline G, alcohol consumption. Eligibility for access to classified information is denied. CASE NO: 16-01839.h1


Alcohol Consumption

06/11/2018

Applicant’s history of alcohol abuse resulting in three alcohol related arrests, specifically two for DUI and one for Domestic Violence, all of which occurred within the past eight years, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 16-01640.h1


Financial

06/11/2018

Applicant mitigated the security concerns raised under financial considerations by demonstrating that he is resolving his delinquent debts. Clearance is granted. CASE NO: 16-00369.h1


Guideline F

06/11/2018

Once alleged debts were either admitted by Applicant or proven by record evidence, the burden shifted to Applicant to mitigate the security concerns arising from those debts. Directive ¶ E3.1.15. As the Judge correctly found, Applicant’s bankruptcy petition only addresses four of the alleged debts. The mere fact that debts may no longer appear on Applicant’s credit reports generally does not establish meaningful, independent proof of their mitigation. Adverse decision affirmed. CASE NO: 16-00090.a2


Financial

06/08/2018

There are nine delinquent accounts, including some that were charged off or resulted in repossessions, alleged in the SOR with a combined unpaid balance of $24,318. Applicant failed to submit any documentation, such as letters, receipts, checks, bank account statements, etc., to support her contentions that payments have been made. Applicant’s unsubstantiated comments that she contacted her creditors and payments are being made to resolve them, without more, are simply insufficient to prove that she made any good-faith efforts. It is not known what Applicant’s financial resources may be because she did not submit a Personal Financial Statement to reflect her net monthly income; monthly expenses; and any monthly remainder that might be available for discretionary spending or savings. There is no evidence of a budget. There is no evidence of any financial counseling. There is no evidence that she disputed any of the accounts. Applicant’s actions with respect to her finances under the circumstances cast doubt on her current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 17-03834.h1


Financial

06/08/2018

Applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concern stemming from her history of financial problems or difficulties. Eligibility denied. CASE NO: 17-03667.h1


Drugs, Criminal Conduct

06/08/2018

Applicant, now 26, admitted using Adderall without a prescription and “Ecstasy” (MDMA) before a car accident in December 2016. This occurred after he had been granted a security clearance. He ultimately pled guilty to the charges of driving under the influence of drugs and possession of MDMA, for which he is now on probation through May 2020 and August 2018, respectively. While Applicant is clearly contrite over his conduct and has credibly expressed his intention to eschew drugs in the future, insufficient time has passed to demonstrate that commitment. Clearance is denied. CASE NO: 17-03658.h1


Foreign influence

06/08/2018

Applicant’s family ties to his four siblings, wife, and infant daughter residing in Afghanistan raise security concerns. His wife has a pending visa application to immigrate to the United States. These ties consist of maintaining close and frequent contact with his siblings and spouse. Applicant demonstrated his commitment and loyalty to the United States having served six years as a linguist in Afghanistan in support of the U.S. Army often times in a combat environment. Clearance is granted. CASE NO: 17-03263.h1


Finances

06/08/2018

Applicant attributed a December 2011 bankruptcy petition to a 2005 divorce, but failed to depict what, if any, actions he took to address his debt in the intervening six years. He wrote that he has taken care of late tax return filings and that he is addressing outstanding tax liens and tax-related debt, but he failed to provide any documentary evidence reflecting such efforts. Based on the limited documentary evidence and narrative provided, Applicant failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 17-02368.h1


Foreign Influence

06/08/2018

Applicant immigrated to the United States from Taiwan in 2008. He and his son became naturalized U.S. citizens in 2015; his wife in 2017. He has strong financial and property interests in the United States, and none in Taiwan. He renounced his Taiwanese citizenship and has strong relationships in the United States. Considering U.S. – Taiwanese relations, foreign influence security concerns are mitigated. Access to classified information is granted. CASE NO: 16-04086.h1


Guideline F

06/08/2018

Applicant has failed to rebut the presumption that the Judge considered all of the evidence in the record. His arguments, in effect, amount to a disagreement with the Judge’s weighing of the evidence and are not sufficient to establish the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 16-02868.a1


Financial; Personal Conduct

06/08/2018

Applicant has presented sufficient documentation to mitigate the security concerns under the personal conduct security guideline. He has not mitigated the financial considerations security concerns. Eligibility for a security clearance is denied. CASE NO: 16-02841.h1


Guideline E; Guideline F

06/08/2018

Applicant cites to a Hearing Office case that he believes supports his effort to obtain a favorable decision. We give due consideration to this case as persuasive authority. However, each case must be decided upon its own merits. Directive, Enclosure 2 ¶ 2(b). Moreover, Hearing Office decisions are binding neither on other Hearing Office Judges nor on the Board. Adverse decision affirmed. CASE NO: 16-00908.a1


Guideline F

06/08/2018

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 a narrative statement and a document updating the status of his Chapter 13 bankruptcy. The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed. CASE NO: 15-06006.a1


Personal Conduct

06/08/2018

Applicant presented sufficient evidence to mitigate security concerns alleged under the personal conduct guideline. Clearance is granted. CASE NO: 15-04010.h1


Drugs

06/07/2018

Applicant has a history of using illegal drugs and abusing prescription medication, with his last admitted drug use occurring less than two years ago. His last use of illegal drugs occurred after he submitted a security clearance application. Eligibility for access to classified information is denied. CASE NO: 17-03250.h1


Financial

06/07/2018

Circumstances beyond Applicant’s control – his alcoholism and his father’s fraudulent conversion of funds – contributed to his financial problems. For several years, Applicant implemented austere expense-reduction measures, and he initiated debt repayments once his income increased. He acted responsibly under the circumstances and took significant steps towards resolving his delinquent debts. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-01795.h1


Criminal Conduct; Financial

06/07/2018

Applicant failed to mitigate his criminal conduct, but he did mitigate his financial considerations. Eligibility denied. CASE NO: 17-01650.h1


Criminal or Dishonest Conduct; Intentional False Statement

06/07/2018

Applicant did not provide false information on a Declaration for Federal Employment. However, his criminal conduct poses an unacceptable risk. CAC eligibility is denied. CASE NO: 17-01632.h1


Drug Involvement; Personal Conduct

06/07/2018

Applicant’s most recent use of marijuana was in April 2016. He used and purchased marijuana after completing a security clearance application in November 2014. He failed to mitigate the security concerns under Guideline H, drug involvement and substance misuse, and Guideline E, personal conduct. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-00892.h1


Foreign Influence; Foreign Preference; Personal Conduct

06/07/2018

Applicant mitigated trustworthiness concerns raised under Guidelines B (foreign influence) and C (foreign preference). Guideline E (personal conduct) trustworthiness concerns were refuted. Applicant’s eligibility to occupy a public trust position is granted. CASE NO: 16-04116.h1


Foreign Influence; Foreign Preference; Sexual Behavior; Personal Conduct

06/07/2018

Applicant failed to mitigate security concerns raised by his foreign contacts. He mitigated the foreign preference, sexual behavior, and personal conduct concerns. Eligibility for access to classified information is denied. CASE NO: 16-01909.h1


Financial; Foreign Influence

06/07/2018

Applicant is a 68-year-old prospective employee of a defense contractor. Four delinquent debts, totaling approximately $185,941.55, were placed for collection, charged off, or resulted in foreclosure. During a period of unemployment, he took out a $160,000 second mortgage to give his son $35,000 as a down payment to purchase a dump truck; $25,000 was designated for a new roof and other repairs; and the remainder was used to purchase automobiles for his son and daughter. Two homes were foreclosed, and although Applicant indicated a willingness to engage his creditors in negotiations, he admittedly failed to do so. He paid two relatively minor accounts for $43 and $69 in 2017, but the two major accounts have remained untouched and unresolved. Considering the amount of his delinquencies, the payment of approximately $100 does not constitute a good-faith effort, and under the circumstances, it hardly qualifies as a reasonable effort to resolve his debts. One home was foreclosed after he intentionally stopped making monthly mortgage payments because he did not wish to keep the home for it was too large and the loan was too expensive. Applicant also failed to timely file his federal income tax returns for the tax years 2010, 2011, 2012, and/or 2013 until May 2014. Applicant’s intimate relationship with a citizen of the Peoples Republic of China essentially ended in 2013, and a “heightened risk” no longer exists. Applicant’s actions with respect to his finances under the circumstances cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 16-01341.h1


Financial

06/07/2018

Applicant has numerous delinquent debts that are unpaid and unresolved. She failed to mitigate Guideline F, financial considerations security concerns. Clearance is denied. CASE NO: 15-04619.h1


Financial

06/07/2018

Applicant had four collection accounts, which totaled approximately $58,000. He mitigated the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is granted. CASE NO: 14-06586.h1


Financial

06/06/2018

Applicant mitigated the financial concerns raised by child support arrearages and other delinquent debts. All debts were resolved and his child support obligations are current. Eligibility for access to classified information is granted. CASE NO: 17-03766.h1


Foreign Influence

06/06/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 17-02488.h1


Guideline F

06/06/2018

pplicant argues that the Judge did not give him time to effectuate his plan. However, in 2015 Applicant committed to resolve his delinquent debts. Adverse decision affirmed. CASE NO: 17-01530.a1


Foreign Influence, Personal Conduct, Financial

06/06/2018

Applicant mitigated the security concerns under Guidelines B and F, but failed to mitigate the security concerns under Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 16-03936.h1


Guideline F

06/06/2018

In her appeal brief, Applicant states that three days before the record closed she submitted receipts showing accounts had been paid off. Adverse decision remanded. CASE NO: 16-02555.a1


Financial

06/05/2018

Applicant failed to mitigate the financial considerations security concerns arising from his delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-02444.h1


Foreign Influence; Foreign Preference

06/05/2018

Applicant’s exercise of dual Indian citizenship in 2015 does not generate any foreign influence or foreign preference security concerns. Given the length of time Applicant has lived in the United States, and the depth of his emotional and financial ties to the United States, I conclude that he has not shown any foreign preference, and that he would resolve any potential conflict of interest posed by Indian relatives, living in India, in the U.S. interest. Applicant has mitigated the security concern. Clearance is granted. CASE NO: 17-00855.h1


Financial

06/04/2018

Applicant failed to mitigate the financial concerns based on a history of failure to pay Federal and state taxes when due. Eligibility for access to classified information is denied. CASE NO: 17-03784.h1


Foreign Influence

06/04/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 17-03765.h1


Financial

06/04/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems and delinquent debts. Clearance is denied. CASE NO: 17-03218.h1


Foreign Influence, Financial

06/04/2018

Applicant mitigated the foreign influence security concerns under Guideline B, and the financial considerations security concerns under Guideline F. Eligibility for access to classified information is granted. CASE NO: 17-02846.h1


Financial; Criminal Conduct

06/04/2018

Applicant mitigated the security concerns raised by his financial problems; however, the security concerns about his criminal conduct remain unresolved. His request for a security clearance is denied. CASE NO: 17-01916.h1


Financial

06/04/2018

Applicant failed to file her 2013 and 2014 Federal income tax returns in a timely manner and filed for bankruptcy protection three times. She has failed to mitigate the government’s security concerns under the financial considerations guideline. Clearance is denied. CASE NO: 17-01287.h1


Financial

06/01/2018

Applicant has mitigated the security concerns raised by her delinquent debts. Clearance is granted. CASE NO: 17-03553.h1


Personal Conduct

06/01/2018

Applicant has not mitigated the security concerns under the personal conduct guideline by falsifying her security clearance application and OPM interview. Eligibility for a security clearance is denied. CASE NO: 17-01510.h1


Drugs

06/01/2018

Applicant mitigated his drug use. Eligibility granted. CASE NO: 16-03718.h1


Drugs, Criminal Conduct, Personal Conduct

06/01/2018

Applicant failed to mitigate concerns related to his history of illegal drug use and criminal conduct. He also intentionally falsified his 2006 security clearance application. Applicant’s continued access to classified information is denied. CASE NO: 16-03639.h1


Financial

06/01/2018

Applicant’s financial problems were caused by four years of underemployment rather than irresponsible or reckless behavior. Now working full time, she in a position to repay her creditors. Clearance is granted. CASE NO: 16-02965.h1


Personal Conduct

06/01/2018

Applicant’s violation of her former employer’s time and attendance policy is mitigated by the passage of time. However, the security concerns raised by her intentional falsification of statements about the incident on her security clearance application and in multiple background interviews continues to cast doubt on Applicant’s continued trustworthiness and reliability. Clearance is denied. CASE NO: 16-01419.h1


Use of Information Technology; Sexual Behavior; and Personal Conduct

05/31/2018

Applicant mitigated the security concerns under Guideline M (use of information technology), Guideline D, (sexual behavior), and Guideline E, (personal conduct). Eligibility for access to classified information is granted. CASE NO: 17-03098.h1


Alcohol

05/31/2018

Applicant has not mitigated the security concerns raised by his history of alcohol-related arrests. CASE NO: 17-02619.h1


Financial; Personal Conduct

05/31/2018

The Statement of Reasons (SOR) alleges that Applicant intentionally falsified specific questions on a Questionnaire for National Security Positions. There is insufficient evidence that Applicant intentionally falsified the specific questions alleged in the SOR. However, he has unresolved financial problems related to defaulted student loans and unpaid state taxes. Eligibility for access to sensitive information is denied. CASE NO: 17-00670.h1


Financial

05/31/2018

Although Applicant has made some payments toward the alleged delinquent accounts, he failed to establish a consistent history of debt repayment and financial rehabilitation. Applicant’s continued access to classified information is denied. CASE NO: 17-00383.h1


Drugs

05/31/2018

The security concerns raised by Applicant’s two instances of marijuana use are mitigated by the passage of time. It is unlikely that he will engage in similar conduct again and has signed a statement of intent to that effect. Clearance is granted. CASE NO: 16-03883.h1


Financial; Personal Conduct

05/31/2018

Although Applicant mitigated the personal conduct concerns, he failed to mitigate the financial considerations concerns associated with his $10,700 in unpaid delinquent debt. Clearance is denied. CASE NO: 16-02583.h1


Foreign Preference; Foreign Influence

05/31/2018

Foreign preference concerns were raised because Applicant voted in an Iraqi election at a remote polling place in the United States. Foreign influence concerns were raised because of Applicant’s membership in an Iraqi-based religious organization, having provided nominal financial support to that organization and to his sister-in-law in Syria, having contact with an Iraqi member of Parliament, and having a resident citizen mother-in-law in Syria. Applicant successfully mitigated all of these concerns. Clearance is granted. CASE NO: 16-02029.h1


Alcohol, Criminal Conduct

05/31/2018

Sober four years, Applicant has mitigated concerns raised by his alcohol use disorder and history of alcohol-related criminal conduct. Clearance is granted. CASE NO: 15-07947.h1


Foreign Influence

05/31/2018

Applicant mitigated the concerns raised under foreign influence. Clearance is granted. CASE NO: 15-02005.h1


Financial

05/30/2018

Applicant failed to mitigate the security concerns raised by his problematic financial history. Eligibility denied. CASE NO: 17-03489.h1


Financial

05/30/2018

Applicant mitigated security concerns raised for failing to file his 2013 and 2014 Federal and state income tax returns. He submitted competent evidence that he suffered from debilitating depression after a series of significant personal problems after returning from a “bad deployment” in Iraq. Applicant has since regained control of his personal and professional life, filed his back taxes, and is managing his finances in a responsible manner. Clearance is granted. CASE NO: 17-03249.h1


Financial

05/30/2018

Applicant has not presented sufficient documentation to mitigate the security concerns under the financial considerations security guideline. He has unresolved federal taxes and other delinquent debt. Eligibility for a security clearance is denied. CASE NO: 17-01079.h1


Foreign Influence

05/30/2018

Applicant mitigated the security concerns arising from his financial and personal connections to India. National security eligibility for access to classified information is granted. CASE NO: 17-00947.h1


Foreign Influence

05/30/2018

The Government did not establish a case for disqualification under Guideline B, where Applicant documented that her Chinese-born parents were legal permanent residents of the U.S. since April 2017, thus putting them beyond the reach of the Chinese government. Clearance granted. CASE NO: 16-03664.h1


Guideline F

05/30/2018

Applicant did not file or pay Federal income taxes for several years, under circumstances that, however painful, do not explain or excuse the failure. Moreover, despite his awareness of this problem, he did not undertake corrective action until the IRS sought to levy against his military retirement pay. This places Applicant’s financial problems squarely within the ambit of Guideline F. Favorable decision reversed. CASE NO: 16-01211.a1


Drugs; Personal Conduct

05/29/2018

Applicant used drugs, with varying frequency, from about 2006 to at least February 2017. For most of this period of use, he held a position of trust. Security concerns raised by his omissions of his drug use in the security clearance application he completed are mitigated by his demonstrated prompt, good-faith corrections in his subsequent interview with an agent of the Office of Personnel Management. Clearance is denied. CASE NO: 17-03464.h1


Financial

05/29/2018

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-02905.h1


Financial

05/29/2018

Circumstances beyond Applicant’s control – significant medical and legal expenses triggered by his family members’ substance abuse addictions and the market downturn – contributed to his financial problems. He has initiated and adhered to payment agreements and resolved additional debts. Applicant acted responsibly under the circumstances and took significant steps towards resolving his delinquent debts. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-01468.h1


Financial

05/29/2018

Applicant had 20 charged-off and collection accounts, which totaled approximately $22,000. Additionally, he provided false answers to financial questions on his Electronic Questionnaires for Investigations Processing. He failed to mitigate the government’s security concerns under the financial considerations guideline. Clearance is denied. CASE NO: 17-01046.h1


Guideline F

05/29/2018

The Judge made extensive findings about Applicant’s circumstances, including the things that he addresses in his appeal brief, and discussed them in the Analysis portion of the Decision. 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: 17-00584.a1


Financial

05/29/2018

Applicant failed to mitigate the trustworthiness concerns raised by her nearly $21,000 in delinquent debt, none of which had been resolved. Eligibility for public trust position denied. CASE NO: 16-03193.h1


Guideline B

05/29/2018

Applicant contends that the Judge erred in finding that his brother works for the Pakistani government. He states his brother works for a private entity that supports the government. In his security clearance application, however, he listed his brother’s employer as the Pakistani government. At the hearing, he also testified that his brother worked for the Pakistani government. The Judge’s finding about the brother’s employment is based on substantial evidence, or constitutes a reasonable characterization or inference that could be drawn from the record. Adverse decision affirmed. CASE NO: 16-03047.a1


Financial

05/29/2018

Applicant has not mitigated the security concerns under the financial considerations guideline due to failure to file his Federal and state income tax returns, as required from 2007 until 2014. He also has outstanding tax liens that are not resolved. Eligibility for a security clearance is denied. CASE NO: 16-01789.h1


Financial; Personal Conduct

05/29/2018

Applicant did not intentionally provide false information on a Questionnaire for National Security Positions, but he has unresolved state and federal tax problems. Eligibility for access to sensitive information is denied. CASE NO: 16-01055.h1


Financial

05/25/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03496.h1


Financial, Personal Conduct

05/25/2018

Applicant engaged the services of a credit counseling company. He has set up repayment arrangements with his creditors, and he has paid a couple of his delinquent accounts. Applicant’s financial problems are now under control and fully in the process of being resolved. Applicant's falsification of the security clearance application, however, raised serious questions about his judgment, reliability, and trustworthiness. Applicant has not mitigated the personal conduct trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-03252.h1


Financial

05/25/2018

Applicant’s financial difficulties began several years ago, during a period of unemployment and underemployment. However, he has been fully employed since late 2010. He provided no documents to establish that he has made sufficient effort to pay, legitimately dispute, or otherwise resolve any of his delinquent debts. He failed to mitigate Guideline F, financial considerations security concerns. Clearance is denied. CASE NO: 17-03206.h1


Financial

05/25/2018

Applicant has a history of failing to file Federal and state income tax returns and resolving tax liens. He did not refute or mitigate the resulting financial security concerns. National security eligibility for access to classified information is denied. CASE NO: 17-02843.h1


Foreign Influence; Foreign Preference

05/25/2018

Applicant failed to mitigate the security concerns arising from his continuing family connections in Iraq, although he mitigated the foreign preference concerns. Based upon a review of the record as a whole, national security eligibility for access to classified information is denied. CASE NO: 17-02692.h1


Financial

05/25/2018

Applicant mitigated the security concerns under Guideline F, financial considerations, including student-loan debts. Eligibility is granted. CASE NO: 17-02472.h1


Financial

05/25/2018

Applicant did not mitigate the concerns raised under the financial considerations guideline. Clearance is denied. CASE NO: 17-01761.h1


Guideline E

05/25/2018

Applicant argues that his 2016 omission was not deliberate. He also contends that the Judge did not properly weigh his evidence in mitigation, which he asserts shows that he made good faith efforts to correct his omissions. He states that his use of marijuana in 2013 was a rare occurrence and that he is not subject to blackmail due to his infractions. The Judge’s finding about the deliberate nature of Applicant’s 2016 omission constitutes a reasonable inference from the evidence. Applicant’s arguments are not enough to show that the Judge mis-weighed the evidence or that she failed to consider all of the evidence in the record. Adverse decision affirmed. CASE NO: 17-00777.a1


Foreign Influence

05/25/2018

Applicant is a naturalized U.S. citizen who was born in Taiwan. His wife and two children live with him in the United States and are U.S. citizens. He has mitigated any foreign influence concerning relatives who are citizens and residents of Taiwan. Eligibility for a security clearance process is granted. CASE NO: 16-04056.h1


Guideline F

05/25/2018

The Board concludes the Judge’s material findings regarding the student loan are based on substantial evidence, or constitute reasonable characterizations or inferences that could be drawn from the record. Applicant’s contention on appeal that the lender was not interested in working with him on the student loans as far back as 2014 is not supported by the record evidence. The Judge correctly found that Applicant stated in his SOR Answer and FORM Response that he was working with the lender to resolve the debt. His FORM Response indicated that he entered into a monthly repayment plan with the lender. It was only after the Judge asked Applicant to provide documentation of his continuing payments under that plan that he stated he was having difficulty in dealing with the lender. The Judge’s material findings of security concern are sustainable. Adverse decision affirmed. CASE NO: 16-03905.a1


Financial

05/25/2018

Applicant mitigated the trustworthiness concerns under the financial concern. Eligibility for a position of public trust is granted. CASE NO: 16-03364.h1


Financial

05/25/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility is denied. CASE NO: 16-03111.h1


Financial, Personal Conduct

05/25/2018

Applicant failed to rebut or mitigate the security concerns raised under the financial considerations and personal conduct guidelines. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-01376.h1


Guideline B; Guideline C; Guideline E; Guideline F

05/25/2018

We will consider new evidence insofar as it bears upon the threshold issues of due process or jurisdiction. We note that Applicant’s purported FORM response also does not address the falsification allegation. Consequently, even if he submitted that response and an error occurred in processing it, such an error was harmless because it likely had no affect on the outcome of the case. Adverse decision affirmed. CASE NO: 15-07665.a1


Personal Conduct

05/25/2018

Applicant mitigated the security concerns under the personal conduct guideline. He provided sufficient information to mitigate the allegations. Eligibility for a security clearance is granted. CASE NO: 15-07539.h1


Financial; Personal Conduct

05/24/2018

Applicant failed to mitigate the security concerns raised by his problematic financial history. He did, however, mitigate the security concerns raised by his personal conduct. Eligibility denied. CASE NO: 17-03614.h1


Financial, Alcohol

05/24/2018

Applicant failed to mitigate the financial considerations and alcohol consumption concerns raised under Guidelines F and G. Eligibility for access to classified information is denied. CASE NO: 17-03001.h1


Financial

05/24/2018

Applicant had a successful business that sold millions of products until the technology that was the basis of the business became obsolete. He resolved the resultant financial problems through a Chapter 7 bankruptcy case, which was his only feasible option. His current finances are in order. Clearance is granted. CASE NO: 17-01665.h1


Guideline B

05/24/2018

The Judge erred in her analysis of the risks arising from his support to U.S. forces in Iraq. The Judge focused on the risks to Applicant’s family arising from his support to U.S. forces and did not address how that support weighs in his favor in analyzing his national security eligibility. The Board has recognized that, when an applicant has established by credible, independent evidence that his or her compliance with security procedures and regulations occurred in the context of dangerous, high-risk circumstances in which the applicant made a significant contribution to national security, those circumstances can give credibility to an applicant’s assertion that he can be relied upon to recognize, resist, and report attempts at coercion and exploitation. Adverse decision remanded. CASE NO: 17-00629.a1


Guideline E; Guideline H

05/24/2018

A person who broke a promise to abide by drug laws after having been placed on notice that drug use is not compatible with access to classified information has not demonstrated the quantum of reliability expected of those with access to classified information. Accordingly, we find persuasive Department Counsel’s argument that the Judge’s decision appears to substitute a favorable impression of Applicants demeanor for record evidence. Under the facts of this case, the Judge’s favorable decision offers an explanation for its conclusions that runs contrary to the weight of the evidence and is not sustainable. Favorable decision reversed. CASE NO: 16-03460.a1


Sexual Behavior; Personal Conduct

05/24/2018

Applicant has not mitigated the concerns related to his long-term sexual behavior, and related falsification of a Government questionnaire. His request for national security eligibility and a security clearance is denied. CASE NO: 16-02582.h1


Drugs

05/23/2018

Applicant, now 38, used a marijuana derivative at a party in March 2017, about two years after being granted an industrial security clearance. Barely a year has passed since that incident. Given his age, maturity, education, defense industry experience, and limited information offered as to how he plans to avoid such temptations in the future, insufficient time has passed to mitigate drug involvement and substance misuse security concerns. Clearance is denied. CASE NO: 18-00024.h1


Financial

05/23/2018

Applicant mitigated the security concerns under the financial considerations guideline. He provided sufficient information to mitigate the allegations. Eligibility for a security clearance is granted. CASE NO: 17-04228.h1


Financial

05/23/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility is denied. CASE NO: 17-04214.h1


Finances

05/23/2018

Applicant lived beyond his means and acquired sufficient delinquent debt that he filed for Chapter 7 bankruptcy protection in 2009. He repeated his cycle of irresponsible debt acquisition until 2014, when he filed for Chapter 13 bankruptcy. While still under a payment plan on his latest bankruptcy petition, he has acquired more delinquent debt. Despite promises to settle or pay the few debts at issue, ranging from $835 to $28, scant progress has been made. Financial considerations trustworthiness concerns remain unmitigated. Eligibility for a trustworthiness position is denied. CASE NO: 17-03931.h1


Finances

05/23/2018

While their origin remains unclear, Applicant accumulated about $20,000 in delinquent debts. He offered no indication as to any efforts to address, satisfy, or dispute the sums at issue. Given the paucity of information offered, financial considerations trustworthiness concerns remain unmitigated. Eligibility for a public trust position is denied. CASE NO: 17-03750.h1


Financial; Personal Conduct

05/23/2018

There is insufficient evidence for a determination that Applicant intentionally falsified questions about his finances on his 2017 Questionnaire for National Security Positions. However, he has unresolved financial problems. Clearance is denied. CASE NO: 17-03613.h1


Financial

05/23/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his delinquent debts. He has taken no discernible action to resolve over $50,000 in credit card debt, which are in collection or charged off, beyond one $200 payment in 2015. He also did not present sufficient evidence to mitigate concerns raised by his failure to file his federal and state tax returns for three successive years from 2013 – 2015. Clearance is denied. CASE NO: 17-03397.h1


Financial

05/23/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by her financial situation. She had a large amount of delinquent debt discharged through Chapter 7 bankruptcy in 2011, and then accumulated a sizeable amount of delinquent debt. She has taken no action to address and resolve her delinquent accounts. Clearance is denied. CASE NO: 17-02784.h1


Alcohol

05/23/2018

Applicant mitigated security concerns raised following her two driving under the influence arrests in 2015 and 2016. A duly qualified medical health professional determined that she did not have a substance abuse handicap and did not recommend her for any additional treatment. Applicant quit drinking after her 2016 arrest and adopted a lifestyle consistent with sobriety to include hobbies and activities that do not involve alcohol. Clearance is granted. CASE NO: 17-02687.h1


Financial; Personal Conduct

05/23/2018

Applicant failed to mitigate the security concerns arising under Guidelines F, Financial Considerations and E, Personal Conduct. Her failure to timely file and pay Federal and state income taxes, along with her failure to disclose those delinquent taxes, remain of concern. National security eligibility for access to classified information is denied. CASE NO: 17-02400.h1


Guideline F

05/23/2018

Applicant arguments amount to a disagreement with the Judge’s weighing of the evidence. 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: 17-02294.a1


Foreign Influence

05/23/2018

Although Applicant has been settled as a U.S. citizen in this country for many years with his wife and children, Applicant’s father is a former man of influence in the Chinese military and government. Applicant’s mother was, for many years, a Chinese government civil servant. Both of Applicant’s parents are dependent on their Chinese government pensions. Between their past military and governmental connections, and their economic dependence on the Chinese government, the opportunity for foreign influence remains, despite Applicant’s clear loyalty to the United States. I find that Foreign Influence security concerns are not mitigated. Clearance is denied. CASE NO: 17-01499.h1


Finances

05/23/2018

Applicant completed, but neglected to file, federal and state tax returns for tax years 2013-2015 because he did not know how he could meet a cumulative sum due of approximately $3,000. Once he learned he could work with the Internal Revenue Service, he established a payment plan that has since been completed. About $2,000 in delinquent debt, incurred as he helped support his in-laws around the time he lost a lucrative second job, has largely been addressed, with multiple debts having been resolved before the issuance of the Statement of Reasons. Now living well within his means and capably managing both his taxes and his finances, I find financial considerations security concerns have been mitigated. Clearance is granted. CASE NO: 17-01430.h1


Foreign Influence

05/23/2018

Applicant mitigated the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is granted. CASE NO: 17-01059.h1


Foreign Influence; Foreign Preference

05/23/2018

Applicant has been a U.S. citizen for 20 years. She has been married to her husband, a retired U.S. military officer, for almost 25 years. She spent many years as a U.S. military dependent and she has deployed overseas as a linguist in the defense industry. She mitigated the security concerns about her family connections to Sudan and Saudi Arabia under Guideline B, foreign influence, due to her strong and long-term connections to the United States. The security concerns under Guideline C, foreign preference, are also resolved in her favor. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-00719.h1


Guideline E; Guideline F

05/23/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 17-00560.a1


Guideline F

05/23/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 16-03184.a1


Guideline F; Guideline K

05/23/2018

The Government offered into evidence reports of investigation for each of the three alleged security violations. Each investigation concluded that Applicant failed to follow applicable security procedures during the incident in question. We give deference to the findings and conclusion of security personnel in such investigations. Adverse decision affirmed. CASE NO: 15-08385.a1


Financial

05/23/2018

Applicant incurred delinquent debts from unemployment and underemployment. However, Applicant did not act responsibly by either paying his debts or making payment arrangements when he found meaningful employment and had adequate income. Applicant did not present sufficient information to mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 15-05102.h1


Finances

05/23/2018

Having previously been denied a security clearance in 2004 due to finance-related security concerns, Applicant reapplied in 2016. Upon examination, Applicant was found to have approximately 58 delinquent accounts amounting to almost $47,000 in delinquent debt. Of those debts, Applicant has paid or disputed very few, and she provided no insight as to what her plan is for addressing her debts going forward. Based on the limited documentary evidence and narrative provided, Applicant failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 14-05253.h1


Financial

05/22/2018

Applicant did not mitigate the security concerns about her delinquent debts. Applicant’s eligibility for a security clearance is denied. CASE NO: 17-03514.h1


Guideline B; Guideline E

05/22/2018

It is well-settled that administrative agencies, such as DOHA, have limited authority. DOHA Judges, whether those in the Hearing Office or on the Appeal Board, have no authority to entertain constitutional challenges to statutes, regulations, or, as in this case, a General Order promulgated by a military commander. DOHA proceedings are intended to adjudicate security eligibility of individual applicants and not as a forum to pass judgment on Federal laws or processes. Moreover, the due process rights that an applicant enjoys are those provided by Executive Order 10865 at Section 3 and by the Directive. Adverse decision affirmed. CASE NO: 17-02862.a1


Financial; Personal Conduct

05/22/2018

Applicant mitigated the personal conduct security concerns arising from his undisclosed outside employment and his procurement violation. Notwithstanding circumstances beyond his control that contributed to his financial problems, Applicant did not demonstrate that he acted responsibly to address his delinquent debts after the circumstances had abated. Applicant did not mitigate the financial considerations security concerns. Eligibility for a security clearance is denied. CASE NO: 17-00966.h1


Financial; Criminal Conduct; Personal Conduct

05/22/2018

Applicant mitigated the security concerns under Guideline J (criminal conduct); however, security concerns under Guidelines F (financial considerations) and E (personal conduct) are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-00247.h1


Financial

05/22/2018

Applicant failed to mitigate the financial considerations security concerns, resulting from unfiled and unpaid Federal income taxes, and delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-03971.h1


Financial

05/22/2018

Applicant failed to mitigate the financial considerations security concerns, resulting from unfiled Federal income tax returns and delinquent consumer debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-03371.h1


Guideline F

05/21/2018

Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 17-01891.a1


Financial

05/21/2018

Applicant mitigated the financial concerns. Eligibility for access to classified information is granted. CASE NO: 17-01835.h1


Financial

05/21/2018

Applicant mitigated the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is granted. CASE NO: 17-00833.h1


Financial

05/21/2018

Applicant mitigated the security concerns raised by his problematic financial history. Eligibility granted. CASE NO: 16-02495.h1


Financial

05/21/2018

Applicant incurred some delinquent consumer debt due to unforeseen circumstances. He has since resolved all formerly delinquent accounts and restored his financial solvency. Resulting security concerns were mitigated. National security eligibility is granted. CASE NO: 16-02328.h1


Foreign Influence

05/21/2018

Applicant’s mother and grandmother are citizens and residents of Iraq. His phone contacts with them every three or four months raise foreign influence concerns. However, those concerns are mitigated by Applicant’s impressive performance as a linguist for the U.S. Army and other coalition force countries for a substantial portion of time since 2006. Eligibility for access to classified information is granted. CASE NO: 15-07001.h1


Financial

05/18/2018

Applicant filed for Chapter 7 bankruptcy protection in February 2017. She did so when the minimum payment on her credit card, which she had handled responsibly for many years, was substantially increased. After she became delinquent on the account, the law firm handling the collection effort continued to raise the minimum payment due while also attempting to both freeze her bank account and impose garnishment. Her bankruptcy was discharged in May 2017. With that debt now eliminated, Applicant is again living within her means and making timely payments on her bills. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 17-03926.h1


Financial

05/18/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03209.h1


Foreign Influence

05/18/2018

Applicant immigrated to the United States from China in 2002 and became a naturalized U.S. citizen in 2008. He maintains a relationship with relatives who remain as citizens and residents of China, including his father. His father is a member of the Communist Party of China. His grandfather, a retiree from the Chinese civil service, may also be a member of that party. They, like other relatives remaining in China, have visited with Applicant during his travels there and maintain some form of communication with him through an Internet application. Given Applicant’s current level of contact and communication with his foreign kin, particularly his father and grandfather, foreign influence security concerns remain unmitigated. Clearance is denied. CASE NO: 17-02655.h1


Financial

05/18/2018

Applicant mitigated the security concerns raised by his financial problems. His request for a security clearance is granted. CASE NO: 17-01838.h1


Financial; Personal Conduct

05/18/2018

Applicant mitigated concerns about her finances. She did not intentionally provide false information on Questionnaires for National Security Positions. Eligibility for access to sensitive information is granted. CASE NO: 16-02775.h1


Financial; Personal Conduct

05/17/2018

Applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concern stemming from his history of financial problems or difficulties. He provided a reasonable explanation to justify the omission of delinquent financial accounts from his May 2016 security clearance application. Eligibility denied. CASE NO: 17-03779.h1


Financial

05/17/2018

Applicant has not mitigated the trustworthiness concerns raised by her delinquent debts. Eligibility for a public trust position is denied. CASE NO: 17-02686.h1


Guideline F

05/17/2018

Even if an applicant has resolved some or all of his or her financial problems, a Judge may still consider the circumstances underlying those problems for what they may reveal about the applicant’s worthiness for a clearance. Adverse decision affirmed. CASE NO: 17-02161.a1


Financial; Alcohol; Personal Conduct; Criminal Conduct

05/17/2018

Applicant did not mitigate the security concerns raised by his personal conduct, his financial problems, his use of alcohol, and his alcohol-related and other criminal conduct. His request for a security clearance is denied. CASE NO: 17-00306.h1


Guideline F

05/17/2018

Applicant challenges a statement in the Judge’s analysis that certain circumstances were within Applicant’s control. As the Appeal Board previously stated, we do not consider individual sentences in isolation when reviewing a decision. When viewed in light of the decision as a whole, the Judge’s statement that the identified circumstances were within Applicant’s control was clearly a typographical or drafting error and is, therefore, harmless. Adverse decision affirmed. CASE NO: 16-04001.a1


Personal Conduct

05/17/2018

Applicant made false statements to employers and made material omissions on his resume. He deliberately violated two employers’ policies against outside employment that could lead to a conflict of interest. At his hearing, Applicant continued to perpetuate his false statements. Considering the evidence as a whole, I find Applicant failed to mitigate the Guideline E security concerns. Clearance denied. CASE NO: 16-03996.h1


Financial

05/17/2018

Applicant failed to mitigate security concerns raised by his unresolved delinquent debts. Eligibility for access to classified information is denied. CASE NO: 16-03964.h1


Guideline F

05/17/2018

Applicant also contends the Judge’s conclusion were supported by low probabilities rather than certainties. The Directive does not require that findings of fact or conclusions be supported by certainties. A Judge’s findings of fact need only be supported by substantial evidence. Adverse decision affirmed. CASE NO: 16-03712.a1


Drugs

05/17/2018

Applicant failed to mitigate security concerns raised under Guideline H (Drug Involvement). Applicant used marijuana for almost 40 years. Eligibility for access to classified information is denied. CASE NO: 16-02504.h1


Financial, Personal Conduct

05/17/2018

Applicant failed to rebut or mitigate the security concerns raised under the financial considerations and personal conduct guidelines. National security eligibility for access to classified information is denied. CASE NO: 16-01337.h1


Financial

05/17/2018

Applicant did not mitigate the financial considerations’ trustworthiness concerns related to his unfiled Federal and state income tax returns, and failure to timely pay state taxes resulting in tax liens. National security eligibility for a position of public trust is denied. CASE NO: 16-01214.h1


Alcohol Consumption; Criminal Conduct; Personal Conduct; Financial Considerations

05/17/2018

Applicant has had a long history of alcohol problems including several alcohol related arrests and convictions, and three DUIs. Applicant was arrested in 2013 for drug possession. He contended that the drugs in his vehicle were placed there by a friend, and when the police approached the vehicle, Applicant put the drugs in his mouth to hide them, causing Applicant to get high. Mitigation has not been shown. Clearance is denied. CASE NO: 16-00425.h1


Financial

05/17/2018

Applicant mitigated the security concerns raised by his delinquent debts. Eligibility for access to classified information is granted. CASE NO: 16-00336.h1


Foreign Influence, Foreign Preference

05/17/2018

Applicant failed to mitigate security concerns raised by a foreign family member. He mitigated the foreign preference security concern. Eligibility for access to classified information is denied. CASE NO: 15-08572.h1


Financial

05/17/2018

Applicant incurred delinquent debts from his wife’s spending habits and his inability to pay the debts because of his low-income job. Applicant acted responsibly by separating from his wife and moving to an area where he could find better employment. He addressed his delinquent debts, paying most of them and establishing payment arrangements for most of the remaining debts. Applicant presented sufficient information to mitigate financial security concerns. Eligibility for access to classified information is granted. CASE NO: 15-07501.h1


Financial; Personal Conduct

05/16/2018

Applicant documented that his delinquent debts have been or are being resolved. He mitigated the financial considerations security concerns. Applicant mitigated the personal conduct security concerns over his answers to certain questions on his security clearance application about his drug involvement and resulting drug treatment. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-03811.h1


Alcohol

05/16/2018

Applicant has mitigated the concerns related to his single alcohol-related incident four years ago. His request for national security eligibility and a security clearance is granted. CASE NO: 17-02681.h1


Financial

05/16/2018

Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 17-02454.h1


Guideline F

05/16/2018

Applicant contends that the SOR contained incorrect information that led to inaccuracies in the Judge’s decision and challenges a number of the Judge’s findings of fact. These and her other challenges are not sufficient to establish that the Judge committed any harmful errors in his findings of fact or conclusions. Adverse decision affirmed. CASE NO: 17-02394.a1


Financial

05/16/2018

Applicant mitigated the security concerns raised by his delinquent debts. Clearance is granted. CASE NO: 17-01873.h1


Alcohol; Personal Conduct

05/16/2018

Applicant has a history of alcohol abuse, arrests, relapses and alcohol-related impacts on employment. Concerns about his alcohol use and personal conduct are not mitigated. Clearance is denied. CASE NO: 17-01677.h1


Financial

05/16/2018

Applicant's financial problems were caused by periods of unemployment, his divorce, his ex-wife’s failure to pay her share of the marital debt, and his custody of his two children without the benefit of child support from his ex-wife. He has taken reasonable steps to address the resulting financial problems. Clearance is granted. CASE NO: 17-01657.h1


Guideline F

05/16/2018

Applicant’s failure to comply with the tax laws for several years, his various explanations for his failures, and the unreasonableness of his stated belief about the statute of limitations raise significant concerns that Applicant may be lacking in the judgment expected of those who enter into a fiduciary duty with the U.S. for the protection of national secrets. We have noted in the past that a person who fails repeatedly to fulfill his or her legal obligations, such as filing tax returns and paying taxes when due, does not demonstrate the high degree of good judgment and reliability required of those granted access to classified information. Favorable decision reversed. CASE NO: 17-01382.a1


Guideline F

05/16/2018

Considering the record as a whole, we conclude that Applicant has made a prima facie showing that he submitted some evidence that the Judge did not include in the record. Accordingly, we conclude that the best resolution of this case is to remand it to the Judge for a new decision. Adverse decision remanded. CASE NO: 16-03068.a1


Financial

05/15/2018

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, paying, or making payments on his past-due debts. Applicant is currently managing his finances within his means in a responsible manner. Clearance is granted. CASE NO: 17-03465.h1


Guideline F

05/15/2018

The Board does not review a case de novo. The favorable evidence cited by Applicant is not sufficient to demonstrate the Judge’s decision is arbitrary, capricious, or contrary to law. The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. As the trier of fact, the Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. Adverse decision affirmed. CASE NO: 17-03049.a1


Financial

05/15/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-02885.h1


Financial

05/15/2018

Applicant mitigated the financial considerations’ trustworthiness concerns. National security eligibility for a position of public trust is granted. CASE NO: 17-01428.h1


Guideline F

05/15/2018

Applicant contends that the Judge erred in his findings and conclusions. Specifically, he says he filed his 2014 tax returns, that he paid the credit card debt, and that his “bankruptcy is satisfied.” Applicant does not identify, and we are unable to find, any evidence in the record that supports those claims. On the contrary, he testified that he was not sure about his 2014 tax filing and that the bankruptcy was dismissed for failing to make payments. Adverse decision affirmed. CASE NO: 16-03569.a1


Financial

05/15/2018

Applicant incurred delinquent debts when relatives defaulted on services he co-signed for them, and his employer did not withhold sufficient taxes from his pay and he accumulated a federal tax lien. Applicant presented sufficient information to mitigate financial security concerns. Eligibility for access to classified information is granted. CASE NO: 16-03372.h1


Guideline B

05/15/2018

In analyzing whether an applicant’s foreign connections raise a concern of heightened risk, a Judge should consider the totality of the record evidence. Pertinent factors include the nature of the foreign government, its intelligence gathering history, its human rights record, and the extent to which its interests are adverse to the U.S. Applicant’s frequent contact with his foreign relatives, his having come to the attention of Chinese authorities due to his political activities, China’s history of exploiting its citizens for intelligence purposes, and its status as an aggressive collector of U.S. information are sufficient to establish a heightened risk. We find no reason to disturb the Judge’s conclusion that Applicant’s circumstances raise security concerns under Guideline B. Adverse decision affirmed. CASE NO: 16-02435.a1


Financial

05/14/2018

Applicant failed to mitigate the concerns posed by his troubled finances. Eligibility to continue working in a public trust position is denied. CASE NO: 17-01590.h1


Financial

05/14/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-00672.h1


Drugs, Alcohol

05/14/2018

Applicant mitigated the drug involvement and substance misuse, and alcohol consumption trustworthiness concerns. National security eligibility for a public trust position is granted. CASE NO: 16-04011.h1


Financial, Personal Conduct

05/14/2018

Applicant mitigated the personal conduct security concerns under Guideline E, but failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 16-03955.h1


Guideline D; Guideline J

05/14/2018

Applicant contends that Judge erred in finding that he was convicted of the sexual abuse offense. He states that he was never convicted of that offense because he received a suspended imposition of sentence and successfully completed his probation. A court record supports Applicant’s claim that he received a suspended imposition of sentence. Even if the Judge may have erred in finding that Applicant was “convicted” of that offense, such an error was harmless. Adverse decision affirmed. CASE NO: 16-02769.a1


Guideline F

05/14/2018

Department Counsel notified Applicant that he would offer a summary of Applicant’s clearance interview. However, Department Counsel did not present this exhibit at the hearing, and it is not included in the record. In and of itself, this is not an error. The Judge did find that Applicant began addressing his more recent tax problems after his interview. However, this was based upon Applicant’s testimony at the hearing during direct examination. The record does not support a conclusion that the Judge considered the interview summary itself. Adverse decision affirmed. CASE NO: 16-00792.a1


Foreign Influence

05/14/2018

Applicant presented sufficient information to mitigate security concerns based on his family members and friends in Afghanistan. Eligibility for access to classified information is granted. CASE NO: 15-08019.h1


Guideline E

05/14/2018

There is a rebuttable presumption that a Judge is impartial and unbiased, and a party seeking to overcome that presumption has a heavy burden of persuasion. We conclude that the Judge’s questioning of Applicant, though somewhat sharp at times, did not evidence an inflexible predisposition against him. Adverse decision affirmed. CASE NO: 15-06751.a1


Guideline F

05/14/2018

The Directive does not require that security concerns arising from admitted or proven SOR allegations under one or more of the guidelines be weighed or balanced against non-alleged guidelines in making a whole-person assessment. Adverse decision affirmed. CASE NO: 15-05647.a1


Financial

05/11/2018

Applicant’s evidence is insufficient to demonstrate financial responsibility, or that his financial problem is being resolved. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-03311.h1


Drugs; Personal Conduct

05/11/2018

Applicant illegally used marijuana between 1972 and 2012, while possessing a clearance during part of that period. There is no evidence of substance misuse after 2012. Nevertheless, the passage of time so far is insufficient to demonstrate his reliability, trustworthiness, ability to comply with the law, and his ability to protect classified information. Personal conduct and drug involvement and substance misuse security concerns are not mitigated. Clearance denied. CASE NO: 17-02648.h1


Foreign Influence

05/11/2018

Applicant presented sufficient information to mitigate security concerns based on his family members and friends in India. Eligibility for access to classified information is granted. CASE NO: 16-00815.h1


Financial; Personal Conduct

05/10/2018

Applicant has significant past-due indebtedness. Instead of using her savings to address this indebtedness, she exhausted her savings for online, questionable endeavors. National security eligibility is denied. CASE NO: 17-02958.h1


Financial

05/10/2018

Applicant did not mitigate the security concerns raised under Guideline F (Financial Considerations). Access to classified information is denied. CASE NO: 17-02153.h1


Personal Conduct

05/10/2018

Applicant did not intentionally provide false information on his 2016 Questionnaire for National Security Positions. Clearance is granted. CASE NO: 17-00961.h1


Financial

05/10/2018

Considering the cause of Applicant’s financial problems, and the steps he has taken to resolve them, I conclude he has mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 17-00625.h1


Financial

05/10/2018

Applicant presented insufficient information to explain, extenuate, or mitigate the security concern stemming from his problematic financial history. Eligibility denied. CASE NO: 15-03708.h1


Financial

05/09/2018

Applicant failed to mitigate security concerns raised by her delinquent debts, including a substantial tax lien. Eligibility for access to classified information is denied. CASE NO: 17-02780.h1


Financial, Criminal Conduct

05/09/2018

Applicant failed to mitigate the financial considerations security concerns arising from bankruptcies and delinquent debts. He mitigated the criminal conduct security concerns. National security eligibility for access to classified information is denied. CASE NO: 17-01794.h1


Guideline F

05/09/2018

Applicant contends that the Judge failed to consider significant record evidence, such as the circumstances underlying his financial problems, his efforts to resolve the debts, and his good security record. Applicant’s argument is not enough to rebut the presumption that the Judge considered all of the evidence in the record or to demonstrate that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 17-01429.a1


Financial, Personal Conduct

05/09/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations and Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-00661.h1


Guideline F

05/09/2018

Applicant contends that the Judge lacked impartiality. He states that the Judge’s purported narrow focus on his debts to the exclusion of favorable evidence demonstrates that the Judge had, in effect, an inflexible predisposition to deny clearances to those with financial problems. A review of the Decision as a whole provides no support for this argument. Adverse rulings alone do not demonstrate judicial bias. Applicant has not rebutted the presumption that the Judge went about his duties in an unbiased manner. Adverse decision affirmed. CASE NO: 17-00468.a1


Personal Conduct; Financial

05/09/2018

Applicant did not provide sufficient evidence of his inability to make payments to any of the creditors on his statement of reasons (SOR). He did not intentionally omit negative financial information on his Questionnaire for National Security Positions (SF 86) or security clearance application (SCA) with intent to deceive. Personal conduct security concerns are mitigated; however, financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-00338.h1


Personal Conduct

05/09/2018

Applicant has mitigated the security concerns raised by his record of counseling for substandard performance of duty and his punishment for dereliction of duty. Clearance is granted. CASE NO: 17-00269.h1


Finances

05/09/2018

Applicant’s business began to fail in around 2012, and he ultimately closed it in 2014. In the interim, his income fell below $20,000 a year and his girlfriend left with their three children. Everyday costs, business-related debts, and child support became difficult to honor on the drastically reduced salary he earned in the job he accepted after closing his business. Although he lost a secondary property to foreclosure, he did so after rigorously pursuing a home loan modification. He has satisfied five of the eight delinquent debts acquired at the time. At present, he has the commitment and the net monthly remainder to enter into a realistic repayment plan devised to satisfy his remaining debt. Applicant has mitigated financial considerations security concerns. Clearance is granted. CASE NO: 16-04037.h1


Financial

05/09/2018

Applicant has mitigated the concerns related to his past-due debts. His request for national security eligibility and a security clearance is granted. CASE NO: 16-03122.h1


Finances

05/09/2018

Applicant experienced two significant periods of unemployment that led her to acquire multiple delinquent debts. She was also burdened with executing her late father’s estate, paying his mortgage until the property could be sold, and paying off her eldest child’s college bills. Now fully employed and nearly at the end of her obligations as an executrix, Applicant has made considerable progress in honoring her debts, arranging for repayment plans, disputing questioned accounts, and explaining both her reason for filing her taxes late in 2010 and her occasional gambling. Given her commitment to address all of her financial issues fully, as well as an anticipated increase in available funds due to the resolution of her father’s estate issues, Applicant has mitigated financial considerations security concerns. Clearance is granted. CASE NO: 16-02488.h1


Finances

05/09/2018

Caught up in a whirlwind courtship, marriage, and fatherhood all within a year, Applicant remembered to file an extension for submitting his federal and state tax returns, but forgot to actually complete and submit them. A decade later, after rectifying the situation, the matter has proved to be a major learning experience for Applicant. He now fully appreciates the importance of timely tax return filing. Meanwhile, when faced with a debt which was the result of identity theft, he promptly and responsibly reported the matter to the police. In light of the Applicant’s lengthy and otherwise incident-free history of handling his duties as one maintaining a security clearance, and given both his contrition and his commitment to having professional handle his tax issues, financial considerations security concerns have been mitigated. Clearance is granted. CASE NO: 15-07154.h1


Drugs

05/08/2018

Applicant failed to mitigate the security concerns raised under the guideline for drug involvement and substance misuse, relating to his illegal use of a prescription drug and marijuana. Based upon a review of the pleadings and exhibits, national security eligibility is denied. CASE NO: 17-01589.h1


Financial

05/08/2018

Applicant provided corroborating documentation of four resolved debts, a paid state tax lien, and that she was currently in the process of paying another state tax lien. She made changes to her payroll to prevent future tax issues. She provided proof that she has resolved, or was in the process of repaying, her debts. She mitigated Guideline F, financial considerations trustworthiness concerns. Position of Trust is granted. CASE NO: 17-01564.h1


Foreign Influence; Financial

05/08/2018

Applicant mitigated the foreign influence security concerns surrounding family in Ethiopia, but failed to mitigate the financial concerns. Eligibility for access to classified information is denied. CASE NO: 17-01149.h1


Alcohol; Criminal Conduct, Financial

05/07/2018

Applicant did not mitigate the security concerns under Guideline G, alcohol consumption, or Guideline J, criminal conduct. He incurred DWI arrests in 2014 and 2016, and remains on probation until June 2020. He did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-01694.h1


Foreign Influence

05/07/2018

Based on a review of the pleadings, exhibits, and testimony, I conclude that Applicant has not mitigated the foreign influence security concerns raised by his connections to family members who are citizens and/or residents of Pakistan. His request for a security clearance is denied. CASE NO: 17-00815.h1


Financial

05/07/2018

Applicant provided insufficient evidence that he was unable to make payments to two of the creditors on his statement of reasons (SOR). Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 16-03704.h2


Foreign Influence

05/04/2018

Based on a review of the pleadings, exhibits, and testimony, I conclude that Applicant has not mitigated the foreign influence security concerns raised by his property in Afghanistan, and family members who are citizens and residents of Afghanistan. His request for a security clearance is denied. CASE NO: 17-02078.h1


Financial

05/04/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by the sizeable amount of delinquent debt he has amassed, which includes federal tax liens totaling over $500,000. Clearance is denied. CASE NO: 17-01291.h1


Foreign Influence

05/03/2018

Applicant’s foreign connections, are clearly outweighed by his United States connections with his American spouse, with his native born American children, and by his loyalty to the United States. Furthermore, the vast majority of his net worth is also in the United States. Clearance is granted. CASE NO: 17-03308.h1


Financial

05/03/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-02922.h1


Financial

05/03/2018

Applicant mitigated the financial considerations security concern. Eligibility for access to classified information is granted. CASE NO: 17-01651.h1


Alcohol

05/03/2018

Applicant mitigated the security concerns raised by his use of alcohol. His request for a security clearance is granted. CASE NO: 17-01577.h1


Sexual Behavior; Personal Conduct

05/03/2018

Applicant’s dating practice in Thailand is legal, consensual, and discreet. National security eligibility is granted. CASE NO: 16-03690.h1


Personal Conduct; Financial

05/03/2018

Applicant did not mitigate the security concerns raised by his misuse of a company credit card and double billing his travel expenses. Clearance is denied. CASE NO: 16-03669.h1


Financial

05/03/2018

Although Applicant has made progress towards reducing his delinquencies, it is too soon to conclude that he has mitigated the financial considerations security concern given the nature of the delinquencies and the amount outstanding. Clearance is denied. CASE NO: 16-00370.h1


Criminal Conduct; Personal Conduct; Alcohol; Drugs

05/03/2018

Applicant has not mitigated the security concerns under the drug involvement and substance misuse guideline and the personal conduct guideline. He has mitigated the criminal conduct and alcohol use due to the passage of time. He did not meet his burden. Eligibility for a security clearance is denied. CASE NO: 15-08512.h1


Foreign Influence

05/03/2018

Despite having access to classified information for over 40 years, Applicant failed to mitigate the foreign influence concerns raised by his 2011 marriage to a woman with significant family and financial ties to China. Accordingly, Applicant’s continued access to classified information is revoked. CASE NO: 15-07068.h1


Alcohol

05/03/2018

Applicant mitigated the security concerns raised by a 2011 alcohol-related event at work. Clearance is granted. CASE NO: 12-07907.h1


Financial; Criminal Conduct; Personal Conduct

05/02/2018

Applicant mitigated the security concern raised by his problematic financial history. He did not mitigate the security concern raised by his criminal conduct and by his personal conduct. Eligibility denied. CASE NO: 17-01755.h1


Financial

05/02/2018

Applicant did not mitigate the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-01749.h1


Financial

05/02/2018

Although Applicant has taken some steps to resolve her outstanding tax debt, she has failed to address the underlying problem, and establish that her tax problems are under control. Clearance is denied. CASE NO: 16-02584.h1


Financial

05/01/2018

Applicant failed to mitigate the financial considerations security concerns. He provided no evidence documenting resolution of the five debts that became delinquent between 2011 and 2016, and totaled $32,554. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 17-02017.h1


Security Violations; Information Technology

05/01/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his deliberate security violation and egregious actions in undermining efforts to remediate a suspected spillage of classified information. Clearance is denied. CASE NO: 17-01987.h1


Financial

05/01/2018

Applicant refuted the personal conduct security concerns raised, but he did not mitigate the financial considerations security concerns relating to student loans. National security eligibility for access to classified information is denied. CASE NO: 17-01556.h1


Financial

05/01/2018

Applicant presented sufficient evidence to mitigate security concerns raised by his financial situation. Clearance is granted. CASE NO: 16-03966.h1


Financial, Personal Conduct

05/01/2018

Although Applicant mitigated the personal conduct concerns, he failed to mitigate the concerns raised by his history of financial problems, which includes unpaid federal and state tax debt and other delinquent accounts. Clearance is denied. CASE NO: 16-03478.h1


Financial

04/30/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for a public trust position is denied. CASE NO: 17-03975.h1


Financial

04/30/2018

Applicant mitigated the financial considerations security concerns. Applicant’s eligibility for a security clearance is granted. CASE NO: 17-03040.h1


Financial

04/30/2018

Applicant’s excessive delinquent in the amount of approximately $32,618, for the most part still remains owing; despite the fact that she has filed Chapter 13 bankruptcy and is following the payment plan. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-02608.h1


Financial

04/30/2018

Applicant’s failure to address his delinquent debts in a timely fashion shows poor judgment, unreliability, and untrustworthiness. Clearance is denied. CASE NO: 17-02430.h1


Financial, Criminal Conduct, Alcohol, and Personal Conduct

04/30/2018

Applicant failed to mitigate security concerns raised by his financial situation, alcohol-related criminal conduct, and dishonesty in not disclosing his entire criminal history on his security clearance application. Eligibility for access to classified information is denied. CASE NO: 17-02158.h1


Guideline F

04/30/2018

In her appeal brief, Applicant contends that she is making payments on the debt management program which began after she submitted her response to the FORM and provided proof of payments toward the debt management program. The proof of those payments constitute new evidence that the Appeal Board may not consider. She also indicated that maintaining a security clearance is important to achieving her career goals. The Directive does not allow us to consider the impact of an unfavorable decision. Adverse decision affirmed. CASE NO: 17-01492.a1


Financial

04/30/2018

Applicant mitigated security concerns raised under Guideline F (Financial Considerations). Eligibility for access to classified information is granted. CASE NO: 17-01232.h1


Guideline F

04/30/2018

The Judge’s material findings about Applicant’s resolution of some alleged debts after his receipt of the SOR are based upon substantial evidence or constitute reasonable inferences or conclusions that could be drawn from the evidence. Adverse decision affirmed. CASE NO: 17-01181.a1


Financial; Personal Conduct

04/30/2018

Applicant failed to mitigate the financial considerations concerns raised by his failure to timely file federal income tax returns between 2007 and 2012. Moreover, he deliberately falsified his 2016 security clearance application to cover his failure to timely file his income tax returns and resulting federal and state tax debts. The financial considerations and personal conduct security concerns are not mitigated. Clearance is denied. CASE NO: 17-00867.h1


Financial

04/30/2018

Applicant’s delinquent back taxes have either been paid or are being paid. There is sufficient evidence of mitigation or rehabilitation. Clearance is granted. CASE NO: 16-03470.h1


Financial

04/30/2018

Applicant incurred delinquent debt when she lost her part time employment that she relied on to pay her credit debts. She provided sufficient information to establish that she paid or is paying most of her debts. She articulated a plan to pay her other delinquent debts. Applicant presented adequate information to mitigate financial security concerns. Eligibility for access to classified information is granted. CASE NO: 16-03397.h1


Financial; Personal Conduct

04/30/2018

Applicant’s delinquent debts totaling approximately $77,000 in student loans remain owing. She has recently paid her other delinquent debt totaling approximately $8,678 by borrowing $10,000 to do so. Despite the fact that Applicant has been employed since April 2008, she continues to have financial difficulties. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 16-01749.h1


Financial

04/30/2018

Applicant mitigated the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is granted. CASE NO: 15-04327.h1


Financial

04/27/2018

Applicant adequately explained and mitigated the security concern under Guideline F for financial considerations. Eligibility granted. CASE NO: 17-03280.h1


Guideline E; Guideline H

04/27/2018

Applicant was provided sufficient notice that the burden was on her to submit any information not contained in the FORM that she wanted the Judge to consider. Adverse decision affirmed. CASE NO: 17-02196.a1


Financial

04/27/2018

Applicant adequately explained and mitigated the security concern under Guideline F for financial considerations. Eligibility granted. CASE NO: 17-01529.h1


Guideline F

04/27/2018

A credit report, in and of itself, may not be sufficient to meet an applicant’s burden of persuasion as to mitigation. The fact that a debt no longer appears on a credit report does not establish any meaningful, independent evidence as to the disposition of the debt. Debts may fall off credit reports merely due to the passage of time. Adverse decision affirmed. CASE NO: 17-00586.a1


Guideline F

04/27/2018

Applicant has been telling the Government since 2005, for at least twelve years, that he was working to resolve his indebtedness. Over the years, he obviously did little to nothing towards his delinquent debts. Applicant has not submitted any compelling evidence that he has established a meaningful track record of repayment, or that he had a basis to dispute the legitimacy of any of his delinquent debts. Adverse decision affirmed. CASE NO: 16-03994.a1


Foreign Influence; Personal Conduct

04/27/2018

Applicant presented sufficient evidence to mitigate security concerns raised by a relatively minor, passively-held foreign investment accounts in India and his inadvertent mistake to list the accounts on his security clearance application. The foreign investment accounts pale in comparison to Applicant’s familial, personal, and financial ties to the United States, which includes over $35 million in U.S. assets and a small business employing over 100 U.S. workers. He reported the information about the foreign accounts to the Treasury Department, and has paid U.S. federal and state taxes on the investment from its inception. Clearance is granted. CASE NO: 16-01401.h1


Personal Conduct; Finances

04/27/2018

Applicant was less than forthcoming or candid in answering multiple questions during the security clearance application process. He has over 20 delinquent accounts and a state tax lien. While two debts were shown to be settled and a couple were paid, the status of the balance remains unclear due to insufficient documentation. Given the record as it now stands, Applicant failed to mitigate personal conduct and financial considerations security concerns. Clearance is denied. CASE NO: 11-07487.h1


Financial

04/26/2018

Applicant has not mitigated the security concerns raised by her delinquent debts. Clearance is denied. CASE NO: 17-02677.h1


Financial

04/26/2018

Applicant acted responsibly under the circumstances after events beyond her control resulted in financial problems. Clearance is granted. CASE NO: 17-02025.h1


Financial

04/26/2018

Applicant has unresolved financial problems, including delinquent debts and unfiled federal income tax returns. Clearance is denied. CASE NO: 17-01559.h1


Financial; Personal Conduct

04/26/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his tax-related financial problems and deliberate falsification of his security clearance application. Clearance is denied. CASE NO: 17-01473.h1


Financial

04/26/2018

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 17-01330.h1


Guideline E; Guideline H

04/26/2018

Applicant requests another chance to prove his security worthiness, noting he can provide character letters. An applicant is not entitled to receive a new hearing just so he or she can have another opportunity to present his or her case. Adverse decision affirmed. CASE NO: 16-03387.a1


Guideline G; Guideline J

04/26/2018

Even if the Judge erred in making the challenged findings, such errors were harmless because they likely did not affect the outcome of the case. Adverse decision affirmed. CASE NO: 16-02070.a1


Financial; Criminal Conduct

04/26/2018

Applicant mitigated the security concern raised by her criminal conduct. Applicant failed to mitigate the security concern raised by her problematic financial history. Eligibility denied. CASE NO: 15-08340.h1


Guideline F

04/26/2018

Applicant contends that the Judge erred in his whole-person analysis. He cites to his job losses, wife’s death following chronic health problems, the death of other family members, and other family issues. The Judge, however, made findings about many of the matters that Applicant is raising on appeal. Applicant’s arguments are neither sufficient to rebut the presumption that the Judge considered all of the record evidence nor enough to show the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 15-02884.a1


Guideline B; Guideline C

04/25/2018

The Judge stated that Applicant’s British military service, though extensive, does not pose a concern in light of his having previously had access to U.S. protected information for a year while serving in the Middle East. The Judge cited to evidence of Applicant’s ties within the U.S. and characterized him as a patriotic and loyal American. Favorable decision affirmed. CASE NO: 17-03293.a1


Drug Involvement

04/25/2018

Applicant failed to mitigate security concerns raised under Guideline H (Drug Involvement). He used illegal drugs until less than a year ago. Eligibility for access to classified information is denied. CASE NO: 17-02347.h1


Financial

04/25/2018

Applicant has unresolved financial problems. Eligibility for access to sensitive information is denied. CASE NO: 17-02081.h1


Financial

04/25/2018

Applicant became financially extended, in part, because of college costs for his children and renovations to his home for his in-laws. He has not addressed a home-equity loan charged off for $68,082. He is making extra payments each month with his electric bill toward resolving a $6,879 judgment from April 2010, but security concerns persist about his financial judgment. Clearance is denied. CASE NO: 17-01489.h1


Drugs and Personal Conduct

04/25/2018

Applicant failed to mitigate security concerns raised under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). While holding a clearance, he used marijuana and was arrested for possession of marijuana. Eligibility for access to classified information is denied. CASE NO: 17-01390.h1


Guideline F

04/25/2018

Applicant was subject to two tax liens totaling about $106,000. These tax liens cover seven tax years between 1999 and 2015. He owes a landlord due to a broken lease and has other delinquent accounts. In addition, Applicant failed to file Federal income tax returns for 2009, 2010, and 2013. Adverse decision affirmed. CASE NO: 17-00260.a1


Financial

04/25/2018

Overwhelmed by difficult life circumstances, Applicant did not timely file his federal income tax returns for tax years 2011 through 2014. His delinquent tax returns have been filed, and he intends to comply with tax-filing and tax-payment deadlines in the future. Clearance is granted. CASE NO: 16-02191.h1


Foreign Influence; Personal Conduct

04/25/2018

Applicant did not mitigate the foreign influence or personal conduct security concerns based on his regular contact and financial support for family members in Iraq. Eligibility for access to classified information is denied. CASE NO: 16-01504.h1


Financial

04/25/2018

Applicant was alleged to have 16 delinquent debts totaling $32,053. Three debts involved student loans that Applicant brought current, she resolved two delinquent debts to the satisfaction of the creditors, she credibly testified that she resolved her seven medical debts, and she is responsibly addressing her remaining accounts. Based upon a review of the transcript, pleadings and exhibits, national security eligibility is granted. CASE NO: 16-01167.h1


Guideline K

04/25/2018

We give deference to Judge’s credibility determinations unless the record contains evidence that would undermine the determination. The Judge’s reservations about Applicant’s claims not to recall at least two of the allegations is consistent with the record that was before her. We find no reason to undermine the Judge’s credibility determination. Adverse decision affirmed. CASE NO: 16-01077.a1


Alcohol Consumption, Criminal Conduct

04/25/2018

Applicant was arrested for driving under the influence (DUI) in May 2008 and October 2012. He subsequently pled guilty to both DUIs. Additionally, he had four other alcohol-related arrests or incidents. While this decision was pending, he was arrested for DUI in January 2018. Clearance is denied. CASE NO: 16-01035.h1


Guideline F

04/24/2018

Applicant does not challenge any of the Judge’s material findings or conclusions. Rather, she provides a narrative statement explaining the reasons for her financial problems and discussing her efforts to resolve them. To the extent that she is arguing that the Judge misweighed the evidence, her arguments 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: 17-01659.a1


Guideline F

04/24/2018

Applicant states that she submitted documentary evidence to the Judge that did not make it into the record. At the hearing, the Judge left the record open for 14 days for either party to submit additional matters. In the decision, the Judge indicated that neither party submitted additional matters. In her appeal brief, Applicant states that she submitted additional matters before the deadline, which were received by Department Counsel and forwarded to the Judge. She also notes the decision does not refer to any of those additional matters. We are unable to identify any post-hearing matters in the record. Adverse decision remanded. CASE NO: 17-01387.a1


Drugs

04/24/2018

Applicant mitigated the sole drug involvement and substance misuse security concern. Eligibility for access to classified information granted. CASE NO: 17-01173.h1


Financial

04/24/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-00715.h1


Guideline H

04/24/2018

Applicant argues the Judge did not apply all of the mitigating conditions and wholeperson factors. However, he failed to identify any specific condition or factor that the Judge did not consider or apply. This assignment of error fails for lack of specificity. An applicant must set forth an assignment of error with sufficient specificity to permit review on appeal. Adverse decision affirmed. CASE NO: 17-00599.a1


Personal Conduct; Criminal Conduct

04/24/2018

Applicant is a 61-year-old employee of a defense contractor. On a number of occasions between January 1990 and March 2010, Applicant was arrested and charged, or charged without being arrested with a variety of crimes. There is little or no evidence of any convictions. He also had problems with one employer. Applicant held a secret security clearance for many years. He has spent a substantial amount of time working overseas in a civilian capacity in support of U.S. military objectives in Iraq and Afghanistan. He was a well-respected member of the Mine Resistant Ambush Protected (MRAP) teams. The evidence does not cast doubt on Applicant’s reliability, trustworthiness, and good judgment. Clearance is granted. CASE NO: 16-03413.h1


Financial Considerations

04/23/2018

The record shows that since 2008, Applicant has not filed any of his federal or state tax returns in a timely fashion. He has not paid the corresponding delinquent federal and state taxes due for tax years 2008 through 2016. Applicant’s payment of the state taxes due in 2013 does not weigh in his favor as the taxes were paid by garnishment. His paltry payments of his delinquent taxes and the student loan debts after he received the Statement of Reasons (SOR) in October 2017 is insufficient to overcome the security concerns that linger under the guideline for financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-02952.h1


Financial, Personal Conduct

04/23/2018

Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations and Guideline E, personal conduct. Eligibility for access to sensitive information is denied. CASE NO: 17-02464.h1


Drugs; Personal Conduct

04/23/2018

Applicant failed to mitigate the drug involvement and personal conduct security concerns. Applicant used marijuana from 1993 to at least 2015. He intentionally denied and omitted his illegal drug use on his 2016 Questionnaire for Investigations Processing (e-QIP), seeking renewal of his 2006 security clearance. Eligibility for access to classified information is denied. CASE NO: 17-01110.h1


Financial; Personal Conduct

04/20/2018

Applicant mitigated security concerns about his finances, but he did not mitigate personal conduct security concerns generated by his checkered work history, which included disciplinary issues and a termination after a failed drug test. Clearance is denied. CASE NO: 17-04388.h1


Financial

04/20/2018

Applicant did not present sufficient evidence to mitigate concerns raised by his financial situation. Eligibility for a public trust position is denied. CASE NO: 17-03104.h1


Drug Involvement and Substance Abuse; Personal Conduct

04/20/2018

Applicant has not mitigated the security concerns under the drug involvement and substance abuse guideline. He has mitigated the personal conduct concerns as the conduct is duplicative as under Guideline H.. Eligibility for a security clearance is denied. CASE NO: 17-02975.h1


Drugs; Personal Conduct

04/20/2018

Applicant mitigated the drug involvement and substance misuse concerns, but he failed to mitigate the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02391.h1


Guideline E

04/20/2018

Applicant contends that he did not provide Company B with the same resume that he used to obtain employment with Company A. As noted above, Applicant admitted in his SOR response that he used the falsified resume he had purchased from a third party to apply for and obtain employment with Company B. The Judge’s material findings regarding Applicant’s use of the falsified resume to obtain employment with Company B are based on substantial evidence or constitute reasonable inferences that could be drawn from the record evidence. Adverse decision affirmed. CASE NO: 17-01821.a1


Guideline F

04/20/2018

Applicant has not identified any harmful error in the Judge’s decision. The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. Adverse decision affirmed. CASE NO: 17-01760.a1


Guideline F

04/20/2018

While the Judge may have erred in some of the challenged findings of fact, such errors were harmless because they likely had no affect on the outcome of the case. We note that Applicant has not shown the Judge committed any harmful error in his material findings involving the key security concerns, i.e., Applicant failed to file his Federal income tax returns for 2011-2014 in a timely manner and he failed to establish that he took responsible steps to resolve his delinquent Federal tax debts. Adverse decision affirmed. CASE NO: 16-04094.a1


Alcohol; Criminal Conduct

04/20/2018

Applicant had three alcohol-related arrests in 2013, 2014, and 2015, the last while on probation for the previous incident. Concerns about his irresponsible alcohol use are not mitigated. Clearance is denied. CASE NO: 16-02273.h1


Personal Conduct; Financial

04/19/2018

Over a nine-year period, Applicant filed false travel vouchers, claiming lodging expenses that he did not incur, raising security concerns under personal conduct and financial considerations. He did not mitigate the security concerns. Clearance is denied. CASE NO: 17-03410.h1


Financial

04/19/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02923.h1


Financial

04/19/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02915.h1


Drugs; Financial; Personal Conduct

04/19/2018

Applicant mitigated concerns about his finances and his illegal drug use in 2009. However, he intentionally provided false information about his illegal drug use during a background interview in January 2017. Personal conduct security concerns are not mitigated. Clearance is denied. CASE NO: 17-01950.h1


Criminal Conduct; Misconduct in Employment; Personal Conduct

04/19/2018

Applicant had only one criminal incident that occurred nine years ago. There was no termination of employment, and no willful falsification. CAC eligibility is granted. CASE NO: 16-02664.h1


Guideline B

04/19/2018

To the extent that Applicant is arguing the Judge erred in finding that terrorists threatened him numerous times, we do not find his argument persuasive. Government Exhibit (GE) 4 supports that Judge’s finding that insurgents threatened Applicant multiple times, including in letters and cell phone calls. We conclude that the Judge’s material findings about the multiple threats are based on substantial evidence or constitute reasonable inferences or conclusions that could be drawn from the evidence. Adverse decision affirmed. CASE NO: 16-01900.a1


CAC

04/19/2018

The disposition of an arrest or a criminal charge in a manner that is favorable to an applicant, such as the dropping or dismissal of a charge, does not preclude a Judge from finding the applicant engaged in the underlying criminal conduct. In cases of this nature, the key issue is an applicant’s criminal or dishonest conduct, not what actions law enforcement authorities may have taken regarding that conduct. Adverse decision affirmed. CASE NO: 16-01524.a1


Guideline F

04/19/2018

Although an absence of prior security violations is a matter that a Judge should consider, along with all the other evidence in the record, it does not preclude a Judge from concluding that an applicant’s circumstances present security concerns that the applicant failed to mitigate. The Government does not have to wait until an applicant has compromised or mishandled classified information before it can deny the applicant a clearance. Adverse decision affirmed. CASE NO: 16-01131.a1


Drugs

04/19/2018

Applicant failed to mitigate the drug involvement concerns. Eligibility for access to classified information is denied. CASE NO: 16-00347.h1


Personal Conduct

04/18/2018

As the Facility Security Officer, Applicant failed to report key management personnel’s criminal behavior and provided misleading statements to a Government investigator. Clearance is denied. CASE NO: 17-02666.h1


Financial

04/18/2018

Applicant had not filed his federal income tax returns for tax years 2010 through 2015 or his state income tax returns for tax years 2002 through 2015 by June 2017. He retained a professional tax service to assist him in preparing his delinquent returns in June 2017, but they have not yet been filed. Clearance is denied. CASE NO: 17-00768.h1


Foreign Influence

04/18/2018

Applicant has not mitigated the security concerns under the foreign influence guideline. He has significant contact with his father and two sisters in China. His current wife who is a permanent resident in the United States communicates with her family in China every week. Eligibility for a security clearance is denied. CASE NO: 16-03625.h1


Criminal Conduct

04/17/2018

Applicant was arrested once in 2003, and three times in 2014. All but one of the charges was for assault and battery of a family member, his wife. The other charge was for disturbing the peace, in a similar circumstance. Applicant successfully completed probation for one of the 2014 offenses. The remaining charges were dismissed or not prosecuted. He has had no subsequent offenses. He and his wife are working to improve their relationship and are making an effort to limit and control their arguments and confrontations. Applicant provided sufficient evidence to mitigate the criminal conduct security concerns. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-00884.h1


Financial

04/17/2018

Applicant mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 17-00390.h1


Financial

04/17/2018

Applicant mitigated the financial considerations security concerns. Eligibility granted. CASE NO: 15-08525.h1


Alcohol; Criminal Conduct

04/16/2018

Applicant had three alcohol-related driving arrests and convictions, most recently in May 2016. Concerns about his irresponsible alcohol use are not mitigated. Clearance is denied. CASE NO: 17-01926.h1


Financial

04/16/2018

Applicant failed to mitigate the financial considerations security concerns arising from delinquent debts. National security eligibility for access to classified information is denied. CASE NO: 17-01325.h1


Personal Conduct

04/16/2018

In November 2000, August 2009, and June 2014, Applicant assaulted, battered, and injured his spouse. On November 30, 2016, he lied to an Office of Personnel Management (OPM) investigator when he falsely denied that he ever physically hurt or physically injured his spouse. Personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-00511.h1


Alcohol; Criminal Conduct

04/16/2018

Applicant did not provide sufficient information to mitigate the security concerns arising from his history of alcohol-related offenses under Guideline G, alcohol involvement, and Guideline J, criminal conduct. Eligibility for access to classified information is denied. CASE NO: 17-00506.h1


Financial

04/16/2018

Applicant has delinquent financial obligations and falsified his Electronic Questionnaires for Investigations Processing (e-QIP). He has failed to mitigate the security concerns under Guideline F, financial considerations and Guideline E, personal conduct security concerns. Applicant’s eligibility for access to classified information is denied. CASE NO: 16-04089.h1


Sexual Behavior; Criminal Conduct; Personal Conduct

04/16/2018

Applicant has not mitigated security concerns raised by his sexual behavior, criminal conduct, and personal conduct. Clearance is denied. CASE NO: 16-03606.h1


Foreign Influence; Foreign Preference

04/13/2018

Applicant did not mitigate the foreign influence security concerns about the presence of his family members and friends in India, as well as by his financial interests there. He also did not mitigate the foreign preference security concerns about his decision in 2013 to move his family back to India, where they still reside. Applicant’s request for a security clearance is denied. CASE NO: 17-01395.h1


Drugs, Personal Conduct

04/13/2018

Applicant mitigated the drug involvement and substance misuse security concerns, but not the personal conduct security concerns. National security eligibility for access to classified information is denied. CASE NO: 17-01042.h1


Information Technology; Personal Conduct

04/13/2018

Applicant refuted the allegations in the SOR that he falsified his security clearance application and intentionally gave false information to a security investigator, but he has not mitigated the security concerns raised by his misuse of information technology. CASE NO: 16-03988.h1


Alcohol Consumption; Criminal Conduct

04/13/2018

Applicant is a justice-involved individual whose history of alcohol abuse and criminal conduct took place over a four decade period. Included in that history are various incidents, some fueled by his consumption of alcohol, which led to criminal charges, arrests, convictions, and dismissals, for a variety of actions. He also unrealistically contended that several of his incidents of criminal conduct were caused by the actions of others. All of the above, when added to his minimizing the significance of alcohol on his conduct, his self-proclaimed periods of abstinence, and his position that he will attend Alcoholics Anonymous only when he needs to do so, raises the likelihood that additional alcohol consumption and criminal conduct will recur. The combination of Applicant’s actions, explanations, and beliefs cast doubt on Applicant’s reliability, trustworthiness, and good judgment. Applicant’s period of abstinence is too brief to conclude his alcohol problems are not likely to recur, and there are continuing questions and doubts about his reliability, trustworthiness and ability to protect classified information. Clearance is denied. CASE NO: 16-02858.h1


Financial

04/12/2018

Applicant did not file federal and state tax returns for tax years 2013, 2014, 2015, and 2016 as required by law. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-03454.h1


Financial

04/12/2018

Applicant owes more than $350,000 in back federal income taxes. Clearance is denied. CASE NO: 17-03053.h1


Financial

04/12/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02237.h1


Alcohol; Drugs; Criminal Conduct

04/12/2018

Applicant used marijuana about 1,000 times; he distributed marijuana about seven times; and he was arrested three times for driving under the influence of alcohol. He presented insufficient information to mitigate security concerns. Guideline G (alcohol consumption), H (drug involvement and substance abuse), and J (criminal conduct) security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01593.h1


Criminal Conduct; Personal Conduct

04/12/2018

Applicant was arrested for assault and battery of his wife in 2006. He was arrested for assault and battery and other offenses against his wife in February 2016. While the other offenses from 2016 were nolle prossed, he pleaded “no contest” to the domestic assault and battery charge, and adjudication was deferred until June 2018. Given the recency of the 2016 charges, I conclude that Applicant provided insufficient evidence to mitigate the criminal conduct and personal conduct security concerns. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-01472.h1


Financial; Personal Conduct

04/12/2018

Applicant did not mitigate the financial considerations or personal conduct security concerns from failure to pay state taxes resulting in judgments and liens, a small delinquent debt, and filing three bankruptcy petitions that were all dismissed. Eligibility for access to classified information is denied. CASE NO: 17-01045.h1


Handling Protected Information

04/12/2018

Applicant was found culpable by his employer of five separate security violations between November 2009 and November 2015, including of drafting an email containing classified information on an unclassified computer system. He has made some changes to minimize the risk of recurrence, but some doubts persist about his ability and willingness to comply with security regulations. Clearance is denied. CASE NO: 17-00796.h1


Financial

04/12/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-00589.h1


Financial; Personal Conduct

04/12/2018

Applicant failed to mitigate the security concerns arising under Guideline F, Financial Considerations. His failure to timely file Federal and state income tax returns remain a concern. He mitigated the concern under Guideline E, related to his history of excessive gambling. National security eligibility for access to classified information is denied. CASE NO: 17-00294.h1


Foreign Influence; Financial Considerations

04/12/2018

Applicant mitigated the security concerns under Guideline B, Foreign Influence, and Guideline F, financial considerations. Eligibility is granted. CASE NO: 15-05336.h1


Financial

04/12/2018

Applicant did not mitigate the financial considerations security concerns resulting from delinquent consumer debts and student loans. Eligibility for access to classified information is denied. CASE NO: 15-03907.h1


Financial

04/12/2018

Applicant did not make sufficient progress resolving his delinquent debts. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-03760.h1


Drugs

04/11/2018

Applicant failed to mitigate the drug involvement concerns. Eligibility for access to classified information is denied. CASE NO: 17-03377.h1


Financial

04/11/2018

Applicant did not mitigate security concerns related to his finances. Clearance is denied. CASE NO: 17-03219.h1


Financial; Personal Conduct

04/11/2018

Applicant mitigated the security concerns under the financial considerations guideline and personal conduct concerns. Eligibility for a security clearance is granted. CASE NO: 17-01728.h1


Financial

04/11/2018

Applicant mitigated the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is granted. CASE NO: 17-00230.h1


Foreign Influence

04/11/2018

Applicant mitigated any foreign influence security concerns raised by his business connections in Russia, China, Israel, Turkey, and India. Clearance is granted. CASE NO: 16-04107.h1


Guideline F

04/11/2018

The Board does not review cases 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, the decision of the Judge denying Applicant a trustworthiness designation is affirmed. CASE NO: 16-02557.a1


Sexual Behavior; Personal Conduct

04/11/2018

The Government failed to show that Applicant paid an adult film actress money for sex. No credible evidence raising a concern about Applicant’s continued eligibility for access to classified information was provided. Clearance is granted. CASE NO: 16-02536.h1


Guideline E; Guideline F

04/11/2018

Although the Judge erred in some of her findings of fact, those errors were harmless because they likely had no affect on the outcome of the case. We note that Applicant’s student loans represent the main security concerns upon which the Judge based her unfavorable decision. He has not challenged any of the Judge’s findings regarding his student loans. Adverse decision affirmed. CASE NO: 16-01329.a1


Guideline F

04/11/2018

Applicant raises no allegation of harmful error on the part of the Judge. Rather, he states the Judge’s decision was based on outdated information. His brief also provides a narrative statement about his efforts to resolve his debts and forwards a copy of a credit report that post-dates the Judge’s decision. These matters, however, constitute new evidence that the Appeal Board cannot consider. Adverse decision affirmed. CASE NO: 16-01046.a1


Financial, Foreign Influence, Personal Conduct

04/11/2018

Applicant mitigated the financial considerations, foreign influence, and personal conduct security concerns. National security eligibility for access to classified information is granted. CASE NO: 15-08483.h1


Financial

04/10/2018

Six of Applicant’s credit-card accounts totaling more than $27,000, two loans of $3,116 and $3,481, and a $147 medical debt were charged off or placed for collection. Applicant has been repaying some of the debts. More progress toward resolving the debts is needed to fully mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-00992.h1


Alcohol

04/10/2018

Applicant was arrested for alcohol-related driving offenses in November 2006 and March 2015. He completed alcohol counseling, and he credibly stated that he ended his alcohol consumption in March 2015. Security concerns under Guideline G (alcohol consumption) are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-00817.h1


Foreign Influence, Foreign Preference

04/10/2018

Applicant mitigated the foreign influence and foreign preference security concerns related to her connections to the United Kingdom. National security eligibility for access to classified information is granted. CASE NO: 16-03967.h1


Financial

04/10/2018

In December 2017, Applicant filed his state and federal income tax returns for tax years 2010, 2011, and 2012. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 16-03289.h1


Foreign Influence

04/09/2018

Applicant mitigated the concerns raised under foreign influence. Clearance is granted. CASE NO: 17-03443.h1


Financial

04/09/2018

Applicant did not mitigate the security concerns alleged in the SOR. Eligibility is denied. CASE NO: 17-02029.h1


Alcohol; Criminal Conduct

04/09/2018

Applicant has not mitigated security concerns raised by his excessive alcohol consumption and criminal misconduct. Clearance is denied. CASE NO: 17-01645.h1


Financial, Personal Conduct

04/09/2018

Applicant did not mitigate the security concerns alleged in the SOR including failure to disclose a DUI arrest in his SCA. Eligibility is denied. CASE NO: 16-03762.h1


Sexual Behavior; Criminal Conduct; Personal Conduct

04/06/2018

In light of the seriousness of Applicant’s criminal behavior and the length of time after Applicant’s release from supervised probation, his evidence is insufficient to demonstrate his successful rehabilitation and that his criminal behavior is unlikely to recur. Sexual behavior, criminal conduct, and personal conduct security concerns are not mitigated. Clearance is denied. CASE NO: 17-01547.h1


Alcohol

04/06/2018

Applicant failed to mitigate the alcohol consumption security concern. Eligibility for access to classified information is denied. CASE NO: 17-01077.h1


Guideline E

04/06/2018

Applicant argues that the Judge did not properly weigh and consider all relevant evidence. In making those arguments, he cites to such matters as the amount of time that has passed since the conduct in question, his character evidence, his excellent work performance, and his sworn statement of intent. We note the Judge made findings about those matters. Applicant’s arguments are neither sufficient to rebut the presumption that the Judge considered all of the record evidence nor 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: 16-03500.a1


Guideline F

04/06/2018

From our review of the record, we conclude that Applicant’s bankruptcy along with his ongoing IRS tax debt, state tax liens, and post-bankruptcy delinquent consumer debts are sufficient to support the Judge’s adverse clearance determination. Adverse decision affirmed. CASE NO: 16-02912.a1


Guideline F

04/06/2018

A Judge’s ruling on a request for continuance is reviewed under an abuse of discretion standard. Of particular note, after the Judge denied the continuance request before the hearing, Applicant later indicated that he was prepared to proceed with that hearing. The Judge did not err in denying Applicant’s continuance request. Adverse decision affirmed. CASE NO: 16-00164.a1


Financial

04/06/2018

Applicant’s financial difficulties are largely due to circumstances beyond his control, including periods of unemployment, under-employment and low income. He is now fully employed and working two jobs, and his finances have stabilized. He is making responsible efforts to resolve his debts. He has mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 15-00757.h1


Foreign Influence

04/06/2018

Applicant, a foreign linguist, provided updated information regarding relatives who are or were citizens of Afghanistan and Russia who are living in those countries or in the United States. A brother from Afghanistan is now deceased, a daughter with a foreign husband is now divorced and living with Applicant in the United States, and the tight knit family continues to reside together in the United States. Remaining at issue is a daughter who is a resident and citizen of Russia, who remains in that country with her husband and children. They know nothing of Applicant’s work, have no nexus to a foreign power, and are presently being sponsored for legal immigration to the United States. Applicant’s superlative work references and achievements, in conjunction with his obvious concentration on his immediate family living in the United States, complement other factors demonstrating his loyalty to the United States. Foreign influence security concerns are mitigated. Clearance is granted. CASE NO: 14-02089.h1


Financial

04/05/2018

Applicant’s evidence is insufficient to establish a track record of financial responsibility. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-01597.h1


Alcohol

04/05/2018

Applicant failed to mitigate the security concerns under Guideline G, alcohol consumption. Eligibility for access to classified information is denied. CASE NO: 17-01466.h1


Alcohol

04/05/2018

Applicant is an admitted alcoholic with a history of alcohol adversely affecting his life, including job terminations and a 2015 arrest for driving under the influence of alcohol. He has been sober since July 2015. He established a pattern of abstinence and alcohol consumption no longer casts doubt on his reliability, trustworthiness, and good judgment. Clearance is granted. CASE NO: 17-01269.h1


Financial

04/05/2018

Applicant has not addressed any of his significant past-due debts. Clearance is denied. CASE NO: 16-02991.h1


Guideline E; Guideline F

04/04/2018

In his appeal brief, Applicant also provides a list of contacts concerning his termination and eligibility to be rehired. We note, however, that the Appeal Board has no authority to interview witnesses, conduct investigations, or make findings of fact. Adverse decision affirmed. CASE NO: 17-02913.a1


Drug and Substance Abuse

04/04/2018

Applicant has a long history of using illegal drugs. He continued to smoke marijuana after beginning his employment and his security clearance process. Clearance is denied. CASE NO: 17-01853.h1


Guideline F

04/04/2018

Applicant was discharged in Chapter 7 bankruptcy in 2010. He filed for Chapter 13 bankruptcy protection in 2014, insofar as he was behind in his bills. This petition was dismissed when a layoff rendered him unable to comply with the payment plan. Applicant’s SOR lists several delinquent debts. Except for a small debt, none of Applicant’s delinquent financial obligations have been resolved. Adverse decision affirmed. CASE NO: 17-00973.a1


Guideline E; Guideline M

04/04/2018

The Board concludes that the Judge’s material finding that Applicant falsified his response to a SCA question is based on substantial evidence, or constitutes a reasonable characterization or inference that could be drawn from the record. Adverse decision affirmed. CASE NO: 16-02178.a1


Financial

04/03/2018

Applicant established that circumstances beyond his control contributed to his financial problems and that he was financially responsible under the circumstances. His financial problems are being resolved and are under control. Clearance is granted. CASE NO: 17-03401.h1


Financial

04/03/2018

Applicant did not present sufficient evidence to mitigate concerns raised by his financial situation. Eligibility for a public trust position is denied. CASE NO: 17-00953.h1


Financial; Personal Conduct; Criminal Conduct

04/03/2018

Applicant mitigated the security concerns under the criminal conduct and personal conduct guidelines. He has not mitigated the concerns under the financial considerations guideline. Eligibility for clearance denied. CASE NO: 16-01338.h1


Financial; Personal Conduct

04/03/2018

Applicant paid the only delinquent debt listed on the statement of reasons in 2016. Financial considerations security concerns are mitigated. He did not mitigate personal conduct security concerns related to false statements about earning a bachelor’s degree in 2004. Eligibility for access to classified information is denied. CASE NO: 15-06042.h1


Financial

04/03/2018

Applicant failed to mitigate the security concerns raised by her $29,000 in delinquent debt, which were not due to circumstances beyond her control, and for which attempted efforts to resolve the debts had not progressed to the point where it was reasonable to assume that her financial problems were behind her. Clearance denied. CASE NO: 15-01860.h1


Financial

04/02/2018

Applicant provided insufficient evidence of resolution of his financial issues. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-02738.h1


Guideline F

04/02/2018

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: 17-00214.a1


Guideline F

04/02/2018

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 a narrative statement by the Applicant detailing his ongoing efforts to contact his creditors and settle his debts. Adverse decision affirmed. CASE NO: 16-01058.a1


Guideline E; Guideline F

04/02/2018

Applicant contends that the Judge erred in finding that he was sentenced to prison for 7 to 23 months. He claims that he was sentenced to seven days of imprisonment. Law enforcement records in evidence, however, support the Judge’s findings about the length of Applicant’s prison sentences. Adverse decision affirmed. CASE NO: 15-08828.a1


Guideline F

04/02/2018

In his appeal brief, Applicant states that he does not believe the Judge did anything wrong, but that he is “basically throwing [himself] at the mercy of [the] Appeals Board to reconsider the Judge’s decision.” Adverse decision affirmed. CASE NO: 15-07724.a1


Alcohol

04/02/2018

Applicant had three arrests for alcohol-related driving offenses from 1998 to 2011. He was diagnosed with alcohol abuse, and his therapist recommended he abstain from alcohol consumption. He continues to consume alcohol. Security concerns under Guideline G (alcohol consumption) are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-02768.h1


Financial; Personal Conduct

03/30/2018

Applicant has mitigated security concerns raised by his personal conduct, but not those raised by his financial indebtedness. Clearance is denied. CASE NO: 17-03774.h1


Drugs; Personal Conduct

03/30/2018

Applicant illegally used drugs between 2001 and 2015, while possessing a clearance during part of that period. There is no evidence of substance misuse after 2015. Nevertheless, the passage of time so far is insufficient to demonstrate his reliability, trustworthiness, ability to comply with the law, and his ability to protect classified information. Personal conduct and drug involvement and substance misuse security concerns are not mitigated. Clearance denied. CASE NO: 17-03396.h1


Financial

03/30/2018

Applicant’s financial problems were caused or aggravated by circumstances beyond her control. Notwithstanding, her documentary evidence is insufficient to establish a track record of financial responsibility, or that her financial problems are resolved or are under control. Financial consideration security concerns are not mitigated. Clearance is denied. CASE NO: 17-02675.h1


Financial, Personal Conduct

03/30/2018

Applicant has unresolved financial problems, including unpaid taxes and delinquent debts. She falsified her security clearance application regarding her unfiled and unpaid federal taxes. Clearance is denied. CASE NO: 17-02595.h1


Financial

03/30/2018

During his divorce, Applicant did not timely file federal and state income tax returns for tax years 2013 and 2014. He did not pay his federal taxes for tax years 2011 through 2014 or his state taxes for tax years 2013 and 2014 when they were due. His tax issues have been resolved, and he intends to comply with tax-filing and tax-payment deadlines in the future now that his financial situation has stabilized. Clearance is granted. CASE NO: 17-01935.h1


Financial

03/30/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems and unpaid taxes. Clearance is denied. CASE NO: 17-01919.h1


Financial

03/30/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his financial situation. Clearance is denied. CASE NO: 17-01869.h1


Foreign Influence

03/30/2018

Applicant mitigated the security concerns arising from his continuing family connections in Afghanistan. Clearance is granted. CASE NO: 17-01756.h1


Criminal Conduct, Alcohol Consumption, Personal Conduct

03/30/2018

Applicant was convicted twice of Driving Under the Influence, and is still on probation for his most recent arrest. Additionally, he was involved in two alcohol-related domestic violence incidents. Clearance is denied. CASE NO: 17-01588.h1


Financial; Personal Conduct

03/30/2018

Applicant has established a reasonable plan to repay or resolve her delinquent debts, and she has not taken any steps in furtherance of such a plan. She deliberately omitted adverse financial information on her security clearance application. She has not mitigated the financial concerns under Guideline F, or the personal conduct concerns under Guideline E. Eligibility for access to classified information is denied. CASE NO: 17-01378.h1


Financial

03/30/2018

Applicant was granted a Chapter 7 bankruptcy discharge of approximately $85,543 in unsecured debt in November 2014. Two defaulted student loans then totaling $46,083 were not discharged by her bankruptcy, and she incurred new collection debt since her bankruptcy. Applicant failed to demonstrate a good-faith effort to resolve her debts. Clearance is denied. CASE NO: 17-01242.h1


Financial

03/30/2018

Applicant mitigated the financial considerations security concerns. He filed his overdue federal and state tax returns for tax years 2014 and 2015 and he received refunds. CASE NO: 17-00189.h1


Financial

03/30/2018

Applicant is addressing all of his admitted past-due debt. Clearance is granted. CASE NO: 16-03914.h1


Drugs

03/30/2018

Applicant has been smoking marijuana for 40 years and intends to continue smoking it. Clearance is denied. CASE NO: 16-03436.h1


Drugs

03/30/2018

Applicant failed to mitigate drug involvement security concerns related to his use of marijuana while holding a security clearance. Clearance is denied. CASE NO: 16-02872.h1


Personal Conduct; Sexual Behavior

03/30/2018

Applicant did not mitigate the personal conduct and sexual behavior security concerns. Eligibility for access to classified information is denied. CASE NO: 16-02193.h1


Financial

03/30/2018

Applicant has substantial Federal debt that is unpaid and unresolved. He did not file 2009-2015 Federal and state tax returns or pay outstanding taxes. He recently filed his Federal tax returns, but he did not provide evidence of his filed state tax returns. He failed to mitigate Guideline F, financial considerations security concerns. Clearance is denied. CASE NO: 16-01482.h1


Finances

03/30/2018

Applicant acquired considerable delinquent debt after a bad tenant ruined Applicant’s rental property, her family had medical issues, her husband had periods of unemployment, and other stressors. She has documented her efforts to address three of the 13 delinquent debts at issue and a tax concern, and has a reasonable plan for addressing the remainder going forward. Given these circumstances, financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 16-00301.h1


Financial

03/30/2018

Applicant failed to mitigate the financial considerations security concern generated by his delinquent income tax debt. Clearance is denied. CASE NO: 16-00219.h1


Foreign Influence, Personal Conduct

03/30/2018

Applicant has numerous family members who are citizens and residents of Pakistan, including three who are or were high profile figures within the Pakistani government or members of the international set. He presented far more information about his kin abroad than he did regarding his family and life in the United States. He also conceded he provided a false answer on his security clearance application regarding his termination from a security-related position. Consequently, neither foreign influence nor personal conduct security concerns have been mitigated. Clearance is denied. CASE NO: 16-00140.h1


Criminal Conduct, Alcohol Consumption; Personal Conduct

03/30/2018

Applicant was convicted in 2006 and 2015 of driving while ability impaired. In 2007, although charged with driving while ability impaired, he was allowed to plead guilty to the lesser charge of reckless driving. Clearance is denied. CASE NO: 15-08747.h1


Financial

03/30/2018

Applicant mitigated the concerns raised under the financial considerations guideline. Clearance is granted. CASE NO: 15-07888.h1


Drugs; Personal Conduct

03/30/2018

Applicant used marijuana a total of eight times, the last two times in November of 2009, after having been granted a security appearance. He no longer associates with drug users, has been drug free for about eight years, and has signed a letter of intent eschewing future drug involvement. Clearance is granted. CASE NO: 15-07722.h1


Financial

03/29/2018

Applicant has not acted to resolve the delinquent status of his student loans. Available information is not sufficient to overcome the security concerns raised by the Government’s adverse information about Applicant’s financial problems. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 17-03917.h1


Drugs; Personal Conduct

03/29/2018

Applicant has not mitigated the security concerns raised by his theft and misuse of prescription pain medication and his lack of candor about it during the security clearance investigations process. Clearance is denied. CASE NO: 17-03297.h1


Financial

03/29/2018

Applicant has not mitigated the security concerns raised by his financial irresponsibility. Clearance is denied. CASE NO: 17-03282.h1


Financial

03/29/2018

Applicant incurred four debts totaling $26,640 following a training accident that required him to find a new job in a different location, and the travel costs associated with escorting his pregnant wife to the Philippines to receive proper care. He enrolled in a debt resolution plan in August 2015 and will have his four debts paid off in August 2018. Clearance is granted. CASE NO: 17-02510.h1


Alcohol; Criminal Conduct

03/29/2018

Available information is sufficient to overcome the security concerns raised by the Government’s adverse information about Applicant’s use of alcohol and related criminal conduct. Applicant’s eligibility for access to classified information is granted. CASE NO: 17-02139.h1


Foreign Influence

03/29/2018

Applicant has mitigated the concerns raised by his familial ties to citizens and residents of Israel. Eligibility for a public trust position is granted. CASE NO: 17-02121.h1


Financial

03/29/2018

Applicant’s 2008 divorce was the primary reason for his financial problems. While he used good judgment to establish a long-term solution for his spousal and child support through garnishment of his paycheck, he took no documented action to pay off or pay down the other listed debts. He has not mitigated the financial considerations guideline. Eligibility for access to classified information is denied. CASE NO: 17-01823.h1


Financial

03/29/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-01790.h1


Financial; Personal Conduct

03/29/2018

Applicant mitigated the financial considerations security concerns. Eligibility to continue working in a public trust position is granted. CASE NO: 17-01217.h1


Financial

03/29/2018

Applicant has not mitigated the trustworthiness concerns raised by his financial indebtedness and his failure to timely pay federal and local income taxes. Eligibility for public trust position is denied. CASE NO: 17-00684.h1


Foreign Influence; Foreign Preference

03/29/2018

Applicant mitigated the security concerns raised by associations with citizens of Taiwan who reside there. Available information also mitigated the security concerns about Applicant’s ongoing possession of Taiwanese citizenship. Applicant’s request for a security clearance is granted. CASE NO: 16-04041.h1


Financial

03/29/2018

Applicant has not submitted sufficient evidence to show that he has filed his required tax returns. Based on a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-03900.h1


Finances

03/29/2018

Applicant’s hope to derive income from rental properties went awry due to difficulty working after being diagnosed with Lupus and rheumatoid arthritis in 2010-2011. Since that time, she has worked on resolving her real estate and tax issues. While there is still some effort to made, she now has the salary and intent to continue researching her two last delinquent debts. Applicant has mitigated financial considerations security concerns. Clearance is granted. CASE NO: 16-03889.h1


Financial

03/29/2018

Applicant adequately explained and mitigated the trustworthiness concern under Guideline F for financial considerations. Eligibility granted. CASE NO: 16-03620.h1


Financial

03/29/2018

Applicant failed to timely file his federal tax returns for tax years 2005-2013 incurred major tax liens covering delinquent federal taxes in excess of $156,000 over an extended period of years that have not been sufficiently resolved. Financial concerns are not mitigated. Clearance is denied. CASE NO: 16-02981.h1


Financial

03/29/2018

Applicant has not submitted sufficient evidence to show that he has filed his required tax returns. Based on a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-02856.h1


Financial

03/29/2018

Applicant failed to mitigate the security concerns raised by his $41,000 delinquent debt, none of which had been resolved. Clearance denied. CASE NO: 16-01433.h1


Foreign Influence

03/29/2018

Applicant mitigated the security concerns raised by his parents who still live in Taiwan by demonstrating that none of them have any connection to the Taiwanese government, their ties to Canada and the U.S. are greater than their ties to Taiwan, as their parents are deceased, and all six grandchildren live in the U.S. or Canada. Clearance granted. CASE NO: 16-00151.h1


Foreign Preference, Foreign Influence

03/29/2018

Although Applicant and his nuclear family have been established in the United States for nearly 18 years, he has multiple family members, including in-laws, who remain citizens and residents of India. Applicant’s personal history, ties, and holdings in the United States reflect that his interests and loyalties are with his family and life in the United States. I find that foreign preference and foreign Influence security concerns are mitigated. Clearance is granted. CASE NO: 15-07961.h1


Financial; Personal Conduct

03/28/2018

Applicant did not mitigate the financial considerations security concerns resulting from a history of failure to pay student loans. He mitigated the personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03195.h1


Financial

03/28/2018

Applicant has had a history of financial difficulties, in large part because of his loss of income due to a period of employment. Applicant has been responsible with the way he has handled this situation. He has engaged the services of a law firm to help him resolve his debts. He also improved his education and obtained a better job and income. He has now resolved or reduced most of his debts and disputed those debts that are in question. Mitigation has been shown. Clearance is granted. CASE NO: 17-01177.h1


Financial; Personal Conduct

03/28/2018

Applicant’s delinquent debts including consumer debt and back taxes have not been sufficiently resolved. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-00688.h1


Financial

03/28/2018

Applicant has mitigated security concerns raised by his personal conduct, but not those raised by his financial indebtedness. Clearance is denied. CASE NO: 16-04083.h1


Financial; Personal Conduct

03/28/2018

Applicant’s delinquent Federal and state taxes and other delinquent debt totaling approximately $70,000 remain owing, despite the fact that Applicant has been employed since September 2015. In response to questions on his e-QIP, Applicant deliberately failed to disclose that he did not file Federal and state income tax returns for seven years and that he failed to pay these taxes. He also failed to list the lien that was entered against him. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 16-03393.h1


Foreign Influence

03/28/2018

Applicant presented sufficient information to explain, extenuate, or mitigate the security concern stemming from his family and financial ties to South Korea. Eligibility granted. CASE NO: 16-02853.h1


Drug Involvement; Personal Conduct

03/28/2018

Applicant used marijuana on three occasions before holding a DoD security clearance, and Oxycodone one time and Spice two times, while holding a DoD security clearance. The last time was in 2012, more than 5 years ago. He also testified credibly that he intends to never use any illegal substance in the future and to never use a prescribed medication without a proper prescription, and he exhibited sincere remorse for his past usage. Appellant failed to disclose his drug usage and purchase on his 2009 e-QIP. However Applicant did list all of his drug use on his 2014 e-QIP. Also Applicant’s explanation that he was instructed by his Navy recruiter to be less than candid about his previous drug use is credible. Mitigation has been shown. Clearance is granted. CASE NO: 16-02708.h1


Finances, Personal Conduct

03/28/2018

Since 2009, both Applicant and his wife have endured multiple periods of unemployment. By the time the January 2017 Statement of Reasons was issued, Applicant was already addressing those accounts he knew to be delinquent. Since that time, he has addressed all the accounts at issue either through payment, implementation of a repayment plan, or seeking verification of dubious credit report entries through formal dispute. Applicant also explained how his denial of delinquent debts on his security clearance application was based on ignorance or oversight, not falsity. I find that Applicant mitigated financial considerations and personal conduct security concerns. Clearance is granted. CASE NO: 16-02283.h1


Personal Conduct; Foreign Influence

03/28/2018

Applicant's possession and use of a Colombian passport raised no trustworthiness concerns under personal conduct. Applicant mitigated any Foreign Influence based on his parents residence and citizenship in Colombia, and Applicant's property interests there, and where Applicant's ties to the U.S. and his financial interests here dwarf any remaining ties to Colombia. Eligibility for public trust position granted. CASE NO: 16-01895.h1


Financial

03/28/2018

Applicant failed to mitigate the trustworthiness concerns raised by her $8,000 in delinquent debt, which had only been resolved after she received the SOR, and her failure to timely file her 2012 and 2013 Federal income tax returns. Eligibility for public trust position denied. CASE NO: 16-01838.h1


Drugs, Alcohol Consumption, Financial, Personal Conduct

03/28/2018

Applicant abused illegal drugs and alcohol over an extended period of time and and provided no probative evidence of mitigation. Additionally, he accumulated delinquent debts that he has failed to pay or resolve. And, he falsified his security clearance application and information he voluntarily later provided an investigator from the Office of Personnel Management about his history of drug and alcohol abuse. Clearance is denied. CASE NO: 16-00479.h1


Financial

03/28/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 15-04325.h1


Financial

03/27/2018

Applicant has not mitigated the security concerns raised by his failure to pay substantial delinquent debts. CASE NO: 17-03391.h1


Alcohol Consumption

03/27/2018

Applicant did not mitigate the security concerns about his alcohol consumption, including five DUI offenses. Clearance is denied. CASE NO: 17-03087.h1


Foreign Influence

03/27/2018

Applicant and her spouse have close relationships and regular, ongoing contact with family members in their native India. None of their relatives are employees of India’s government. Applicant, her spouse, and their children are all U.S. citizens who intend to reside in the United States permanently. Applicant’s ties to the United States are substantial and make her likely to resolve any conflict in favor of the United States. Clearance is granted. CASE NO: 17-01504.h1


Foreign Influence

03/27/2018

Applicant has mitigated security concerns raised by his familial ties to citizens and residents of Russia. Clearance is granted. CASE NO: 17-00094.h1


Financial

03/27/2018

Applicant failed to file his Federal income tax returns for 2014, 2015, and 2016, and has $70,090 of unresolved debt. He provided no evidence of any effort to resolve his debts or show that he filed his tax returns. Clearance is denied. CASE NO: 16-03884.h1


Financial; Personal Conduct

03/27/2018

Although the personal conduct security concerns are resolved for Applicant, he did not provide sufficient evidence to mitigate the financial security concerns arising from his delinquent debts. Applicant’s eligibility for access to classified information is denied. CASE NO: 16-03709.h1


Alcohol, Use of Information Technology

03/27/2018

Applicant was arrested for drinking and driving in 2001, 2005, 2012, and 2013 while maintaining a security clearance. After each time, he was given education or counseling regarding road safety and drinking. Today, he continues to drink alcohol, and he was last intoxicated about nine months before the hearing. Insufficient time has passed to demonstrate this he is capable of handling alcohol responsibly. He did, however, provide a credible explanation for using his own USB device while transferring material to a co-worker. Consequently, while I find Applicant mitigated use of information technology security concerns, he failed to mitigate alcohol consumption security concerns. Clearance is denied. CASE NO: 16-02640.h1


Criminal Conduct, Personal Conduct

03/27/2018

Applicant was arrested and charged with assault-related offenses in 2009, 2012, and 2014. She was found not guilty of the 2009 charge, and the 2012 charge was dropped. In 2017, she went to trial for the 2014 charge and pled guilty to the lesser offense of amended harassment. As a result of her conviction, she was sentenced to 30 days in jail, suspended for two years, two years of probation, and miscellaneous fines and restitution to the victim. Clearance is denied. CASE NO: 16-02502.h1


Financial

03/27/2018

Applicant resolved delinquent debts, including tax liens, primarily caused by his illnesses and unemployment. Applicant mitigated the security concerns alleged in the SOR. CASE NO: 16-01677.h1


Foreign Influence, Sexual Behavior, Personal Conduct

03/27/2018

Applicant failed to mitigate the foreign influence, personal conduct, and sexual behavior concerns raised by his affair with a Chinese national and his continued contact with her after being directed by his employer to terminate the relationship. Clearance is denied. CASE NO: 16-01100.h1


Criminal; Personal Conduct; Drugs

03/27/2018

Applicant failed to mitigate concerns raised by his history of alcohol and substance abuse and related misconduct. Clearance is denied. CASE NO: 15-08840.h1


Drugs, Financial, Personal Conduct

03/27/2018

While Applicant mitigated the potential security concerns raised by his marijuana use while holding a security clearance, and his inadvertent omissions during his background investigation and military enlistment process, he failed to mitigate the security concerns raised by his financial delinquencies. Eligibility for access to classified information is denied. CASE NO: 15-01098.h1


Personal Conduct; Alcohol; Criminal Conduct

03/27/2018

Applicant’s role in a case involving fraudulent travel claims that led to his then spouse’s resignation in lieu of termination from federal employment is no longer a security concern. The travel fraud occurred during 2008-2010 under unusual circumstances during his second marriage, which ended in 2010. His role in the travel fraud is mitigated by the passage of time without recurrence of similar conduct. But he did not present sufficient evidence to explain, extenuate, or mitigate the security concern stemming from his record of alcohol-related criminal conduct, which includes a recent December 2016 arrest for driving while under the influence of alcohol. Eligibility denied. CASE NO: 14-04842.h1


Financial

03/26/2018

Applicant did not mitigate the financial considerations trustworthiness concerns resulting from a history of delinquent taxes and other debts. Eligibility for access to a public trust position is denied. CASE NO: 17-01503.h1


Foreign Preference; Foreign Influence

03/26/2018

Applicant mitigated the security concerns arising under Guidelines B and C. National security eligibility for access to classified information is granted. CASE NO: 17-01413.h1


Financial

03/26/2018

Applicant did not mitigate the financial considerations security concerns resulting from a history of delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-01227.h1


Financial

03/26/2018

Applicant failed to timely file her federal and state tax returns for tax years 2010-2016, incurred a state lien in 2015, and accumulated delinquent student loan, medical, and consumer debts that have not been settled or resolved. Financial concerns are not mitigated. Clearance is denied. CASE NO: 17-00957.h1


Foreign Influence, Financial

03/26/2018

Applicant’s parents-in-law, who are citizens and residents of Pakistan, have no apparent nexus to a foreign government, and there is no evidence they are at risk of compromising Applicant. Meanwhile, Applicant has settled two delinquent accounts, one of which was already in repayment by the time the Statement of Reasons was issued. Applicant mitigated all security concerns. Clearance is granted. CASE NO: 17-00685.h1


Financial

03/26/2018

Applicant has 13 delinquent medical accounts and 2 unpaid state tax liens, which total more than $100,000. He has yet to address his delinquent financial obligations. He has not mitigated the financial considerations security concerns. Clearance is denied. CASE NO: 17-00382.h1


Financial

03/26/2018

Applicant made sufficient progress resolving her delinquent debts. She mitigated financial considerations trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 16-03595.h1


Financial

03/26/2018

Applicant has a history of financial problems, including a bankruptcy case, unfiled tax returns, and unpaid taxes. Clearance is denied. CASE NO: 16-03507.h1


Foreign Influence

03/26/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 16-03410.h1


Foreign Preference, Foreign Influence

03/26/2018

Applicant mitigated the security concerns related to her foreign passport, but failed to mitigate the security concerns arising from her continuing friends and family’s connections in Belarus. Based upon a review of the record as a whole, national security eligibility for access to classified information is denied. CASE NO: 16-03116.h1


Guideline F; Guideline G; Guideline J

03/26/2018

Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 16-02617.a1


Finances

03/26/2018

Applicant became delinquent on his student loans due to oversight after a protracted period of deferment, and a manageable delinquency arose with regard to his mortgage at the time the loan was transferred to another entity. Applicant rehabilitated his student loan account and showed he is now in timely repayment on that obligation. He similarly showed that the mortgage-related delinquency has been addressed. Otherwise, Applicant is now living within his means with potential to generate more income within the next year. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 16-01319.h1


Guideline F

03/26/2018

At the hearing, Applicant testified that he had not paid his taxes as a 1099 employee because “he did not understand that he would have to pay his taxes on his income.” He also testified that he kept the funds that he should have paid in taxes in order to address other expenses. Adverse decision affirmed. CASE NO: 15-08908.a1


Personal Conduct; Foreign Influence

03/26/2018

Applicant presented sufficient information to explain, extenuate, or mitigate the security concerns stemming from his personal conduct and foreign influence. Eligibility granted. CASE NO: 14-05623.h1


Financial

03/23/2018

Applicant failed to timely file his federal income tax returns for eight tax years. He accumulated delinquent taxes for five tax years, totaling approximately $20,716. Additionally, he owes six delinquent credit accounts totaling over $41,000. His evidence is insufficient to establish a track record of financial responsibility. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 17-02620.h1


Financial

03/23/2018

Applicant acquired over $23,000 in delinquent debt due to two periods of unemployment and intermittent time off from work to care for a sick child. She failed to provide documentation with regard to any efforts taken to address her 21 delinquent debts, or describe her strategy for addressing these issues going forward. Lacking such evidence, financial considerations security concerns remain unmitigated. Clearance is denied. CASE NO: 17-02365.h1


Drugs; Criminal Conduct; Personal Conduct

03/23/2018

Applicant has not mitigated the security concerns raised by his drug involvement, criminal conduct, and personal conduct resulting from his facilitation of his wife’s marijuana use for six years. Clearance is denied. CASE NO: 17-02099.h1


Financial

03/23/2018

Applicant owes more than $59,000 in delinquent student loan debt, and his former home was foreclosed in 2015 after he stopped paying his mortgage loan. He offered insufficient evidence of efforts or means to resolve his debts, or to establish rehabilitation. Resulting security concerns were not mitigated. National security eligibility is denied. CASE NO: 17-02087.h1


Financial

03/23/2018

On December 16, 2017, Applicant filed his state and federal income tax returns for tax years 2007 to 2016. Financial considerations security concerns are not mitigated. Access to classified information is denied. CASE NO: 17-01842.h1


Finances

03/23/2018

Applicant became delinquent on a number of debts, amounting to over $200,000, and lost a house in foreclosure. He provided evidence he has paid almost $900 in debts and showed there is a genuine basis for disputing two of the accounts. The rest of the accounts at issue, however, remain virtually unaddressed. Given the scant information and documentation offered, financial considerations security concerns remain unmitigated. Clearance is denied. CASE NO: 17-00585.h1


Sexual Behavior; Criminal; Personal Conduct

03/23/2018

Applicant mitigated the concerns raised under sexual behavior, criminal conduct and personal conduct guidelines as a result of his proactive efforts to seek counseling for the problem; regular involvement in a support group; and no evidence of accessing illegal pornography in over four years. Clearance is granted. CASE NO: 16-03703.h1


Financial; Personal Conduct

03/23/2018

Applicant mitigated security concerns regarding Guideline E (personal conduct), but did not mitigate security concerns regarding Guideline F (financial considerations). She has 18 debts totaling $40,218 and has been unable to make any progress in resolving them. Clearance is denied. CASE NO: 16-02958.h1


Financial

03/23/2018

Applicant provided sufficient documentary evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is granted. CASE NO: 16-02850.h2


Financial

03/23/2018

Applicant failed to file his Federal income tax returns for 2006, 2008, 2009, and 2010 and his state tax returns for 2008, 2009, and 2010. He ultimately did file those returns in 2012, but only after the IRS contacted him. He also has $31,241 of unaddressed miscellaneous debt. Clearance is denied. CASE NO: 16-02238.h1


Drugs, Personal Conduct

03/23/2018

Applicant mitigated the potential security concerns raised by his marijuana use and two marijuana-related arrests in 2012, while holding a security clearance. Eligibility for access to classified information is granted. CASE NO: 16-00851.h1


Handling Protected Information; Personal Conduct

03/23/2018

Applicant, a security guard, received multiple warnings for failing to set facility alarms, taking a “selfie” within a secure facility where photography was not allowed, and abandoning her workstation. She also failed to acknowledge having received any warnings in her 2015 security clearance application. Applicant attributed her failures to poor eyesight, a management conspiracy against her, and doing what she had seen others do. Applicant failed to mitigate the security concerns related to her lax execution of her professional obligations regarding her handling of protected information and personal conduct. CASE NO: 16-00783.h1


Foreign Influence, Foreign Preference

03/23/2018

Applicant mitigated the potential security concerns raised by his ties to family members in Iraq. Eligibility for access to classified information is granted. CASE NO: 15-07130.h1


Criminal; Financial; False Statement

03/23/2018

Applicant has not mitigated the eligibility concerns raised by his criminal conduct, financial irresponsibility, and false statements in his Declaration for Federal Employment. CAC eligibility is denied. CASE NO: 15-06221.h1


Financial

03/23/2018

Applicant failed to timely file his federal and state income tax returns for nine years. He accumulated delinquent taxes for some tax years. His evidence is insufficient to establish a track record of financial responsibility regarding his tax obligations. The financial considerations security concerns are not mitigated. Clearance is denied. CASE NO: 15-02483.h1


Personal Conduct

03/22/2018

Applicant mitigated the personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 16-03605.h1


Drugs

03/22/2018

Applicant incurred some delinquent consumer and Federal tax debt before his 2014 marriage. He has since repaid, or brought current, all formerly delinquent accounts and restored his financial solvency. Resulting security concerns were fully mitigated. National security eligibility is granted. CASE NO: 16-02259.h1


Drugs

03/22/2018

Applicant used marijuana on two occasion, once in 2011 and once in 2013, both while holding a security clearance, which he has held since 2000. Applicant credibly testified that he intends to never use marijuana or any other illegal substance in the future. Mitigation has been shown. Clearance is granted. CASE NO: 15-05075.h1


Financial; Criminal Conduct; Alcohol Consumption

03/21/2018

Applicant has had a history of financial difficulties, including failure to file his federal and state taxes for tax years 2015 and 2016, and delinquent debts totaling approximately $60,000. Applicant has had four DUIs, the most recent in 2014, for which he will be on probation until 2024. Applicant continues to consume alcohol. Mitigation has not been shown. Clearance is denied. CASE NO: 16-03276.h1


Financial; Personal Conduct

03/21/2018

Applicant has had a history of financial difficulties, in large part because of his loss of income due to periods of unemployment of him and his wife. While he has now filed for Chapter 13 Bankruptcy, no evidence was introduced to establish that any of his delinquent debts have been resolved. Also, Applicant failed to include any of his significant delinquent debts on a Security Clearance Application, and he did not give a reasonable explanation for this omission. Mitigation has not been shown. Clearance is denied. CASE NO: 16-03114.h1


Financial

03/20/2018

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-02852.h1


Financial

03/20/2018

Applicant has either paid or is making payments towards the satisfaction of debts alleged in the Statement of Reasons (SOR) that she admitted, and she has retained a financial counselor to help her resolve the SOR debts that she disputes. Under these circumstances, I conclude Applicant’s financial situation is under control. Clearance is granted. CASE NO: 17-02090.h1


Criminal Conduct, Personal Conduct

03/20/2018

Applicant has not mitigated the security concerns raised by her criminal conduct and her failure to accurately disclose derogatory information as required during her background investigation. Eligibility for access to classified information is denied. CASE NO: 17-00709.h1


Financial

03/20/2018

Applicant did not mitigate the security concerns raised under Guideline F (Financial Considerations). Access to classified information is denied. CASE NO: 16-03386.h1


Guideline F; Guideline G; Guideline J

03/20/2018

The Judge stated that Applicant was a problem drinker who exercised poor judgment while under the influence of alcohol. He stated that Applicant’s separate incidents of DUI cannot be viewed in isolation because they appear to be part of a larger pattern of drinking and driving. Adverse decision affirmed. CASE NO: 16-01492.a1


Alcohol, Criminal Conduct, Personal Conduct

03/20/2018

Applicant mitigated the security concerns raised by his history of arrests for driving under the influence of alcohol. Eligibility for access to classified information is granted. CASE NO: 16-01153.h1


Financial

03/20/2018

Applicant failed to document his filing of his federal tax returns for tax years 2008-2012 and accrued delinquent tax and consumer debts that he has failed to address to date. Financial concerns are not mitigated. Clearance is denied. CASE NO: 16-00462.h1


Guideline E

03/20/2018

Applicant failed to rebut the presumption that the Judge considered all of the evidence in the record and failed to establish the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 14-06283.a1


Financial

03/19/2018

Applicant owes $14,822 on a car loan charged off in September 2011. He also has yet to resolve a $1,720 judgment for defaulting on a lease for credit-card processing equipment in 2009. These debts are not recent, but he has made no effort to address them. Clearance is denied. CASE NO: 17-02045.h1


Guideline F

03/19/2018

For each of these emails the Judge acknowledged receipt. Given that Applicant sent documents to the Judge on three separate occasions, yet the Judge cited to only two such exhibits, we conclude that Applicant has made a prima facie showing that he provided information that was not considered. Adverse decision remanded. CASE NO: 16-03704.a1


Finances

03/19/2018

Applicant acquired considerable delinquent debt after resorting to part-time work as a self-employed wage earner for two years when he could not otherwise find full-time employment. His predicament was worsened when anxiety and depression hindered his abilities and made it difficult for him to timely file federal and state tax returns. Today, Applicant has paid a substantial amount of his delinquent debt, has devised a reasonable plan for addressing the balance, filed tax returns for most of the tax years at issue, and has counsel investigating a claim by another state for an outstanding tax return. Given the progress thus far made, Applicant has mitigated financial considerations security concerns. Clearance is granted. CASE NO: 16-03187.h1


Drugs, Criminal Conduct, Personal Conduct

03/19/2018

After being granted a security clearance in 2013, Applicant used marijuana on multiple occasions in 2014. He cited to a failed relationship, loneliness, and alcohol for his succumbing to his illegal drug use. Applicant provided sufficient evidence to mitigate security concerns related to his drug use and criminal conduct, but the same evidence was insufficient to mitigate personal conduct security concerns. Clearance is denied. CASE NO: 16-02483.h1


Guideline B; Guideline E

03/19/2018

The Judge concluded that Applicant intentionally falsified his responses to two SCA questions. Overall, Applicant made three false statements about providing support to his family in Afghanistan, but also later made three truthful statements. The pertinent SCA question was clear and easy to understand. Adverse decision affirmed. CASE NO: 16-01645.a1


Financial

03/19/2018

Applicant owes approximately $29,000 on two collection accounts. No documentation was presented showing payment on the delinquent obligations. Based upon a review of the case file, pleadings, testimony, and exhibits, eligibility for a public trust position is denied. CASE NO: 15-06006.h1


Financial

03/19/2018

Applicant’s financial problems were caused or aggravated by circumstances beyond her control. Nevertheless, her evidence is insufficient to establish a track record of financial responsibility, or that her financial problems are resolved or are under control. Financial consideration security concerns are not mitigated. Clearance is denied. CASE NO: 14-03544.h1


Financial

03/16/2018

Applicant did not provide sufficient information to establish that she is resolving her delinquent debts. Applicant did not mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 17-02297.h1


Financial

03/16/2018

Applicant petitioned for Chapter 7 bankruptcy in 2005 (discharged in 2006) and accumulated additional post-bankruptcy debts that he has only partially resolved. Financial concerns are not mitigated. Allegations of falsification of his security clearance application are not substantiated. Clearance is denied. CASE NO: 17-01927.h1


Guideline F

03/16/2018

The Judge’s material findings are consistent with the record that was before her. Even if an applicant has demonstrated debt payment, however, a Judge may still look to the underlying circumstances of the applicant’s financial condition for what it reveals about his judgment and reliability. Adverse decision affirmed. CASE NO: 15-07438.a1


Financial

03/16/2018

Though Applicant has encountered several conditions beyond her control between 2011 and late 2015, she has been employed continuously since January 2015. Her evidence in mitigation is insufficient to surmount the lingering security concerns under the guideline for financial considerations. Eligibility for access to classified information is denied. CASE NO: 16-02896.h1


Financial

03/16/2018

Applicant failed to timely file state income tax returns for tax years 2008 through 2014. He likewise failed to timely file federal income tax returns for tax years 2012, 2013, and 2014. Taken together, these matters reflect a recent or recurring pattern of irresponsibility, lack of judgment, or unwillingness to abide by rules and regulations. He filed the past-due returns with the IRS in April 2016 and with the state in April 2017, and he is now in compliance with both tax authorities. Nevertheless, it is too soon to tell if his long-standing pattern of behavior is a thing of the past or a firmly established part of his character. Eligibility denied. CASE NO: 16-02868.h1


Guideline E

03/16/2018

Applicant’s deliberate misrepresentation of his academic record, especially in clearance applications and subsequent interviews, supports the Judge’s adverse decision. In fact, Applicant admitted during his testimony that completion of a degree would not mitigate concerns arising from his falsifications. We find no reason to disturb the Judge’s adverse conclusions. Adverse decision affirmed. CASE NO: 15-07438.a1


Financial

03/16/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 15-04835.h1


Guideline F

03/16/2018

It is well established that an applicant’s delinquent debts can raise security concerns. While an absence of prior security violations is a matter that a Judge should consider, along with all the other evidence in the record, it does not preclude a Judge from concluding that an applicant’s circumstances present security concerns that the applicant failed to mitigate. The Government does not have to wait until an applicant has compromised or mishandled classified information before it can deny the applicant a clearance. Even individuals with good prior records can encounter circumstances in which their judgment and reliability might be compromised. Adverse decision affirmed. CASE NO: 15-04415.a1


Drugs; Personal Conduct

03/15/2018

Applicant’s last use of marijuana occurred less than two years ago, after he had been granted a security clearance. Consequently, although he deserves credit for reporting his most recent usage, it is too soon to conclude that he has mitigated the security concerns. Clearance is denied. CASE NO: 17-02493.h1


Financial, Personal Conduct

03/15/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations and Guideline E, personal conduct. Eligibility for access to classified information is denied. CASE NO: 16-03694.h1


Guideline E; Guideline H

03/15/2018

Applicant contends that the Judge erred in finding “he used marijuana from August 1983 until at least June 2014, throughout a period of 31 years.” In this case, the sentences following the challenged finding show that the Judge appropriately considered the nature and scope of Applicant’s marijuana use as it is reflected in the record. We resolve this issue adversely to Applicant. Adverse decision affirmed. CASE NO: 16-03429.a1


Financial

03/15/2018

Only after receipt of the SOR did Applicant begin to address his 20 year-old past-due student loans totaling about $79,000. Clearance is denied. CASE NO: 16-03319.h1


Financial

03/15/2018

Applicant provided sufficient documentary evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is granted. CASE NO: 16-00599.h2


Guideline G; Guideline J

03/15/2018

Applicant argues that the Judge did not consider all of the record evidence and misweighed the evidence. In his decision, the Judge set forth detailed findings of fact and analyzed the pertinent disqualifying and mitigating conditions. Applicant’s arguments, however, are neither enough to rebut the presumption that the Judge considered all of the record evidence nor 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: 15-07422.a1


Guideline E; Guideline F

03/15/2018

The Judge’s findings that Applicant had not shown any effort to resolve this is consistent with the record that was before her, as is her conclusion that Applicant had not demonstrated responsible action concerning any debts that may have resulted from circumstances outside his control. Even discounting the debts that Applicant has claimed are not his responsibility, his obligation to the IRS, the judgment, and the other debts that Applicant admitted are sufficient to support the Judge’s adverse decision. Adverse decision affirmed. CASE NO: 15-04158.a1


Financial

03/14/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-03146.h1


Foreign Influence

03/14/2018

Applicant failed to mitigate the security concerns under Guideline B, foreign influence. Eligibility for access to classified information is denied. CASE NO: 17-02684.h1


Financial, Foreign Influence

03/14/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations and Guideline B, foreign Influence. Eligibility for access to classified information is denied. CASE NO: 17-02085.h1


Financial

03/14/2018

Applicant rehabilitated his home mortgage loan. Two minor medical debts in collection were paid by his medical insurer. Applicant has not adequately addressed a federal tax lien for approximately $355,000 from 2009. Clearance is denied. CASE NO: 17-01337.h1


Financial

03/14/2018

Applicant incurred several judgments and other delinquent debts that she has not resolved, either through initiated bankruptcy proceedings or by other means. Financial concerns are not mitigated. Clearance is denied. CASE NO: 17-00955.h1


Financial

03/14/2018

Applicant’s financial problems were partially caused or aggravated by circumstances beyond her control, and partially caused by her financial irresponsibility. Her evidence is insufficient to establish a track record of financial responsibility, or that her financial problems are resolved or are under control. Financial consideration security concerns are not mitigated. Clearance is denied. CASE NO: 16-02555.h1


Financial

03/14/2018

Applicant did not file federal and state income tax returns for tax years 2014 and 2015. He has a small medical debt that he has not resolved. He has not provided sufficient information that the tax returns have been or will be filed and the debt resolved. Applicant did not mitigate financial security concerns. Eligibility for access to classified information is denied. CASE NO: 16-02424.h1


Guideline F

03/14/2018

Applicant contends that he did submit a response to the Judge’s October 18 email. He has attached to his brief a copy of an email from himself dated October 30, 2017, addressed to the Judge and to Department Counsel. We conclude that the best resolution of this case is to remand it to the Judge to reopen the record and permit Applicant to submit to him a copy of the attachment actually contained in his email response. Adverse decision remanded. CASE NO: 16-02850.a1


Guideline F

03/14/2018

The Judge found that Applicant filed her 2011 state tax return in 2014. In fact, the record shows that she filed her 2011 state return on April 14, 2015, one day before she submitted her security clearance application. The timing of an applicant’s remedial action is a relevant factor in evaluating his or her clearance eligibility. We also note the Judge’s finding that, beginning in 2015, Applicant had filed all of her returns since 2011. However, there is no documentary evidence in the record that Applicant had, in fact, done so for that year. Affirmative decision reversed. CASE NO: 16-02322.a1


Guideline E; Guideline G; Guideline J

03/14/2018

The adverse decision rested upon Applicant’s multiple DUIs and a paucity of evidence to show both the full extent of Applicant’s drinking habits and any steps Applicant may have taken to ensure that he is rehabilitated from alcohol abuse. Adverse decision affirmed. CASE NO: 16-00781.a1


Guideline B; Guideline F

03/13/2018

Applicant contends the Judge committed factual and legal errors. Some of his arguments are based on representations that are not in that record. Those representations constitute new evidence that the Appeal Board cannot consider. Directive ¶ E3.1.29. Adverse decision affirmed. CASE NO: 17-01562.a1


Drugs; Personal Conduct

03/13/2018

Between 2012 and 2015, Applicant used marijuana on a regular basis. He deliberately omitted his use from a January 2016 security clearance application. He has not mitigated the guidelines for drug involvement and personal conduct. Eligibility for access to classified information is denied. CASE NO: 17-01522.h1


Financial

03/13/2018

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-01052.h1


Drugs; Alcohol

03/13/2018

Applicant mitigated the drug involvement and substance misuse security concerns but he did not mitigate the alcohol consumption security concerns. Eligibility for access to classified information is denied. CASE NO: 17-00812.h1


Financial

03/13/2018

Applicant has state income tax liens for tax years 2009, 2011, 2012,and 2014. She has a federal tax debt of $19,355 for tax years 2009 through 2015. She has not provided sufficient information that the tax liens and debts are being paid. She did not provide sufficient information to establish payment of student loans and medical debts. Applicant did not mitigate trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-00577.h1


Guideline E; Guideline F

03/13/2018

We conclude, however, the Judge’s material findings about those documents “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.” Directive ¶ E3.1.32.1. Adverse decision affirmed. CASE NO: 17-00110.a1


Misconduct or Negligence in Employment, and Material, Intentional, False Statement, Deception or Fraud

03/13/2018

Applicant mitigated the Common Access Card (CAC) eligibility concerns raised under the misconduct or negligence in employment supplemental adjudicative standards, but not those concerns raised under the material, intentional, false statement, deception, or fraud supplemental adjudicative standards. CAC eligibility is denied. CASE NO: 16-03527.h1


Drugs

03/13/2018

Applicant failed to mitigate the security concerns arising from his lengthy history of marijuana use. National security eligibility is denied. CASE NO: 16-02180.h1


Foreign Influence; Foreign Preference

03/13/2018

Applicant failed to mitigate the Foreign Influence security concerns arising from his continuing family connections in Ethiopia, but no Foreign Preference concerns were raised. National security eligibility for access to classified information is denied. CASE NO: 16-01879.h1


Guideline F

03/13/2018

Applicant argues that he has shown responsible action in regard to his debts and notes that his wife is responsible for a portion of this liability. On this last point, the Judge acknowledged Applicant’s wife’s contribution to his tax liability but concluded that it did not outweigh the significance of Applicant’s current lack of a payment plan. Applicant’s arguments are not enough to rebut the presumption that the Judge considered all of the evidence in the record, nor do they show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 16-01389.a1


Foreign Preference; Foreign Influence

03/13/2018

Applicant mitigated the foreign preference security concern, but did not mitigate the foreign influence security concern. Clearance is denied. CASE NO: 15-08530.h1


Financial

03/13/2018

Applicant failed to mitigate the financial considerations security concerns, resulting from unpaid taxes and delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 15-03944.h1


Alcohol

03/12/2018

Applicant did not produce sufficient information to mitigate the security concerns raised by the Government’s adverse information about his use of alcohol. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 17-01849.h1


Financial

03/12/2018

Applicant failed to mitigate the security concerns about his failure to file his federal income tax returns as required, and about his unresolved debts. Applicant’s request for eligibility for access to classified information is denied. CASE NO: 17-00820.h1


Financial

03/12/2018

Applicant’s Statement of Reasons alleges four debts totaling $12,614. She has paid in full three of the debts and set up a payment plan for the remaining fourth debt. Public trust position is granted. CASE NO: 17-00576.h1


Financial

03/12/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems and delinquent debts. Clearance is denied. CASE NO: 17-00100.h1


Foreign Influence

03/12/2018

Applicant is a dual citizen of his native Ukraine and of the United States since his U.S. naturalization in September 2012. His mother is a resident citizen of Ukraine. His parents-in-law are Ukrainian citizens who immigrated to the United States in 2015. Applicant has infrequent contact with his spouse’s uncle and also with a family friend, both of whom hold significant positions in Ukraine’s government. While foreign influence security concerns exist, Applicant is likely to resolve any conflict in favor of the United States. Clearance is granted. CASE NO: 16-04005.h1


Financial

03/12/2018

Applicant failed to mitigate the security concerns arising under Guideline F, Financial Considerations. His ongoing history of indebtedness and failure to timely file and pay Federal and state income tax obligations remain a concern. National security eligibility for access to classified information is denied. CASE NO: 16-03686.h1


Financial

03/09/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-02052.h1


Financial

03/09/2018

Applicant did not present sufficient information to explain, extenuate, or mitigate the security concern stemming from her problematic financial history. Eligibility denied. CASE NO: 17-01891.h1


Drugs; Personal Conduct; Alcohol

03/09/2018

Applicant refuted the allegation that he intentionally falsified a security clearance application, and he mitigated the security concerns raised by his drug involvement, personal conduct, and alcohol consumption. Clearance is granted. CASE NO: 17-01267.h1


Financial

03/09/2018

Applicant made sufficient progress addressing the delinquent debts listed on the statement of reasons (SOR). Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-01126.h1


Financial

03/09/2018

Applicant’s evidence is insufficient to establish a track record of financial responsibility, or that her financial problems are resolved or are under control. Financial consideration security concerns are not mitigated. Clearance is denied. CASE NO: 17-00615.h1


Foreign Influence

03/09/2018

Applicant’s family members in Algeria create a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion. Applicant did not provide sufficient information to establish that his connection and loyalty to the United States is so deep and longstanding that he can be expected to resolve any conflict of interest in favor of United States interests. Applicant did not mitigate foreign influence security concerns. Eligibility for access to classified information is denied. CASE NO: 17-00507.h1


Financial

03/09/2018

Applicant’s statement of reasons (SOR) alleges one delinquent debt for $62,648. That debt was resolved through a short sale in 2012. Financial considerations trustworthiness concerns are mitigated. Eligibility for access to sensitive information is granted. CASE NO: 17-00481.h1


Guideline G; Guideline J

03/09/2018

Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. 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. Adverse decision affirmed. CASE NO: 16-03915.a1


Financial

03/09/2018

Applicant mitigated the security concerns raised by his failure to timely file tax returns, and to pay taxes and other debts. Clearance is granted. CASE NO: 16-03443.h1


Financial

03/09/2018

Applicant has not mitigated the concerns related to his past-due debts. His request for national security eligibility and a security clearance is denied. CASE NO: 16-03184.h1


Guideline F

03/09/2018

Applicant contends that the Judge did not investigate whether child support payments were being taken from of his weekly income. The Directive does not authorize a Judge to act as an investigator for either party. Adverse decision affirmed. CASE NO: 16-01373.a1


Handling Protected Information

03/09/2018

Applicant is a 52-year-old employee of a defense contractor where she has worked since 1988. She had three security-significant incidents between 2010 and 2014. She learned from the experience, and she is cognizant that she must be more diligent in her responsibilities for safeguarding classified information. Handling protected information security concerns are mitigated. Clearance is granted. CASE NO: 16-01098.h1


Guideline F

03/09/2018

Applicant did not present any information to show that his debts arose from circumstances outside his control or that the had acted responsibly in regard to them. He presented no evidence of financial counseling, budgeting, or evidence that his financial problems are under control. Adverse decision affirmed. CASE NO: 16-00141.a1


Financial

03/09/2018

Applicant provided insufficient information about his efforts to resolve debts resulting from two repossessed vehicles, a telecommunications account, and his federal income tax debt. He did not provide documentation showing payments or the current status of these four debts. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-03597.h1


Financial

03/08/2018

Applicant did not mitigate the financial considerations security concerns resulting from an outstanding delinquent debt. Eligibility for access to classified information is denied. CASE NO: 17-03196.h1


Foreign Influence

03/08/2018

Applicant has not mitigated his familial ties to citizens and residents of China and Taiwan. Clearance is denied. CASE NO: 17-01937.h1


Financial; Personal Conduct

03/08/2018

Applicant accumulated a number of delinquent debts over a period of several years that he has not addressed to date. Financial concerns are not mitigated. Alleged deliberate omission of an adverse judgment in an e-QIP he completed in June 2016 is unsubstantiated. Clearance is denied. CASE NO: 17-01782.h1


Financial; Personal Conduct

03/08/2018

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant's delinquent debts are not resolved ,although he has the intention of filing bankruptcy to legally resolve them. However, he has not started this process. Eligibility for a security clearance is denied. CASE NO: 17-00231.h1


Guideline F

03/08/2018

The Appeal Board has previously held it is reasonable for a Judge to expect applicants to present documentation about the resolution of specific debts. Adverse decision affirmed. CASE NO: 16-01679.a1


Financial

03/08/2018

Applicant has addressed all of the alleged past-due debts, clearly caused by circumstances beyond his control. Clearance is granted. CASE NO: 16-01108.h1


Guideline F

03/08/2018

Applicant’s statement lacks sufficient specificity for the Board to address the assignment of error. Adverse decision affirmed. CASE NO: 16-00598.a1


Financial

03/08/2018

Applicant is addressing his Social Security debt. Clearance is granted. CASE NO: 16-00513.h1


Guideline F

03/08/2018

The Board does not review a case de novo. Its 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: 15-07517.a1


Foreign Influence

03/08/2018

Applicant is a loyal U.S. citizen who has worked overseas under dangerous conditions in support of the national defense. His ties to Afghanistan are mitigated. Clearance is granted. CASE NO: 14-04438.h1


Guideline F

03/07/2018

The mere filing of delinquent tax returns or the existence of a payment arrangement with an appropriate tax authority does not compel a Judge to issue a favorable decision. As with the application of any mitigating condition, the Judge must examine the record evidence and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. The timing of corrective action is an appropriate factor for the Judge to consider in the application of mitigating conditions. Adverse decision affirmed. CASE NO: 17-01807.a1


Financial and Personal Conduct

03/07/2018

Applicant did not mitigate the financial considerations or personal conduct security concerns resulting from a history of unresolved delinquent debts, criminal conduct, and alcohol and drug abuse. Eligibility for access to classified information is denied. CASE NO: 17-01362.h1


Financial

03/07/2018

Applicant did not mitigate the financial considerations security concerns resulting from a history of delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-01340.h1


Financial

03/07/2018

Applicant has not mitigated the trustworthiness concerns raised by his delinquent debts. Eligibility for a public trust position is denied. CASE NO: 17-01264.h1


Financial

03/07/2018

Applicant did not mitigate the financial considerations security concerns resulting from a history of unresolved delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-00804.h1


Financial

03/07/2018

Applicant made sufficient progress addressing the delinquent debts listed on the statement of reasons (SOR). Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 17-00587.h1


Misconduct or Negligence in Employment; Falsification

03/07/2018

Common Access Card (CAC) credentialing concerns raised under supplemental adjudicative standards for misconduct or negligence in employment and material, intentional false statement, deception, or fraud were not founded. CAC eligibility is granted. CASE NO: 16-03733.h1


Financial; Personal Conduct

03/07/2018

Applicant has not mitigated the concerns related to his past-due debts. Applicant also did not mitigate his falsification of a Government questionnaire or history of marijuana use. His request for national security eligibility and a security clearance is denied. CASE NO: 16-03570.h1


Financial; Personal Conduct

03/07/2018

Applicant’s Statement of Reasons alleges $93,694 of debt to include Federal and state tax liens, a judgment, and a charged-off account, as well as, two Chapter 7 bankruptcies. He did not provide any documentation that he paid or otherwise resolved any of his debts. Applicant failed to mitigate financial considerations concerns; however, he did mitigate personal conduct concerns relating to falsifying his security clearance application. Public trust position is denied. CASE NO: 16-03316.h1


Foreign Influence

03/07/2018

Foreign influence security concerns remain due to Applicant’s family connections to China. Applicant’s eligibility for a security clearance is denied. CASE NO: 16-03217.h1


Financial

03/07/2018

Applicant accumulated a number of delinquent debts over a period of several years that he has not addressed to date. Financial concerns are not mitigated. Clearance is denied. CASE NO: 16-03073.h1


Guideline F

03/07/2018

Directive ¶ E3.1.4 states, “To be entitled to a hearing, the applicant must specifically request a hearing in his or her answer.” While Applicant made ambiguous statements about her forum choice, she never specifically requested a hearing. Accordingly, the Judge did not err in deciding the case on the written record. Adverse decision affirmed. CASE NO: 16-03072.a1


Financial

03/07/2018

In 2013, the IRS filed a $54,507 tax lien against Applicant. He made payment arrangements with the IRS and as of his hearing had reduced this lien to $16,139. Applicant has a plan in place and the means to pay off this debt. Clearance is granted. CASE NO: 16-01211.h1


Financial; Personal Conduct

03/07/2018

Even after the government investigator told him about the tax liens and delinquent debts in 2015, Applicant took no documented action to address the debts until a day before the hearing. He has not mitigated financial considerations. The evidence is insufficient to conclude that he deliberately omitted relevant financial information from his February 2015 security clearance application. Eligibility for access to classified information is denied. CASE NO: 16-00908.h1


Guideline F

03/07/2018

Applicant claims that he submitted documentary evidence to the Judge that did not make it into the record. Although his assertions constitute new evidence, which we are generally not permitted to consider, we will consider such evidence on threshold issues such as due process. Adverse decision remanded. CASE NO: 16-00599.a1


Financial

03/07/2018

Applicant documentary evidence is insufficient to show a good-faith effort to resolve her financial problems, or that her financial problems are under control. The financial considerations security concerns are not mitigated. Clearance denied. CASE NO: 15-08829.h1


Sexual Behavior; Personal Conduct; Financial

03/06/2018

Applicant mitigated the financial considerations security concern, but he did not mitigate the sexual behavior and personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 17-03107.h1


Financial

03/06/2018

Applicant has presented sufficient documentation to mitigate the security concerns under the financial considerations security guideline. He resolved his delinquent debts. Eligibility for a security clearance is granted. CASE NO: 17-02961.h1


Financial

03/06/2018

Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-02396.h1


Financial; Personal Conduct

03/06/2018

The Government did not establish the personal conduct security concern and Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-02303.h1


Personal Conduct

03/06/2018

Applicant was terminated from employment on five occasions and he intentionally failed to list this information in his security clearance application. He also had three arrests involving child endangerment, felonious violent conduct, and a drug-related arrest while possessing a security clearance. Resulting security concerns were not mitigated. National security eligibility is denied. CASE NO: 17-01495.h1


Financial

03/06/2018

Applicant failed to timely file her 2011, 2012, 2013, 2014, 2015 and 2016 Federal and state income tax returns. She continues to have substantial unresolved delinquent debt. She failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 17-01127.h1


Financial

03/06/2018

Applicant failed to file annual state and federal income tax returns on time, as required, for a ten-year period from tax years 2007-2016. He did not mitigate the resulting financial security concerns. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-00584.h1


Financial; Personal Conduct

03/06/2018

Applicant has a long history of unresolved tax debts and delinquent accounts. Additionally Applicant falsified her 2016 e-QIP. Resulting security concerns were not mitigated. Based upon a review of the pleadings, testimony, and exhibits, national security eligibility is denied. CASE NO: 17-00560.h1


Financial

03/06/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems and delinquent debts. Clearance is denied. CASE NO: 16-04006.h1


Financial

03/06/2018

Applicant failed to mitigate the financial considerations security concerns, resulting from unpaid taxes and delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-03375.h1


Financial

03/06/2018

Applicant failed to mitigate the financial considerations security concerns, resulting from unpaid student loans and delinquent debts. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-02010.h1


Financial

03/06/2018

Applicant gambled away more than $100,000 during 2009-2016, and she has borrowed heavily from various sources, including her retirement account, to fund gambling or pay gambling debts. Although she went to several counseling sessions, her gambling is ongoing. Her behavior reflects a recent or recurring pattern of questionable judgment, irresponsibility, and lack of self-control. Eligibility denied. CASE NO: 16-01641.h1


Financial

03/06/2018

Applicant established that circumstances beyond his control contributed to his financial problems and that he has been acting responsibly under the circumstances. With his and his wife’s combined earnings, he should be able to pay for his family’s living expenses and current debts. His financial problems are being resolved. Clearance granted. CASE NO: 16-01052.h1


Guideline F

03/06/2018

Applicant argues that documents he submitted did not make it into the record. From our review of the record, we conclude that Applicant has failed to establish a prima facie case that he provided documents that did not make it into the record or that he was denied due process. Adverse decision affirmed. CASE NO: 15-04027.a1


Financial

03/05/2018

Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is denied. CASE NO: 17-02437.h1


Financial

03/05/2018

Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 17-02294.h1


Financial

03/05/2018

Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 16-03486.h1


Financial

03/05/2018

Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 16-03390.h1


Financial; Personal Conduct

03/05/2018

The Statement of Reasons, as amended, identified 14 purportedly delinquent accounts that had been placed for collection or charged off, or filed as a tax lien or judgment. Those debts total approximately $1,709,759. He contended that they were corporate accounts or accounts that were used for corporate purposes for which he was not personally responsible. Because he decided he was not personally responsible, he has taken little, if any, action to resolve most of them. The judgment was resolved with the foreclosure and the payment by Applicant of $7,500. One credit card account has been resolved without evidence of how or why it has been considered satisfied. Aside from pending litigation pertaining to Applicant’s default on the mortgage on his residence, all the remaining accounts remain unresolved. When he completed his security clearance application, Appellant claimed he was unaware that he had any such delinquent accounts. Applicant’s actions under the circumstances continue to cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is denied. CASE NO: 16-03221.h1


Foreign Influence; Foreign Preference

03/02/2018

Based on a review of the pleadings, testimony, and exhibits, I conclude that Applicant has mitigated the concerns related to foreign influence and foreign preference raised by his Turkish family members and his decision to vote in a Turkish election in 2015. He has demonstrated longstanding ties to the United States. He can be expected to resolve any conflict of interest in favor of the United States. His request for a security clearance is granted. CASE NO: 17-00219.h1


Financial

03/02/2018

Applicant failed to mitigate the security concerns arising under Guideline F, Financial Considerations. His ongoing history of indebtedness and failure to timely pay Federal income tax obligations remain a concern. National security eligibility for access to classified information is denied. CASE NO: 16-00081.h1


Financial

03/01/2018

Applicant secured a mortgage for her house in 2007. In 2012, she made a strategic decision that she would not pay the mortgage because the house lost value in the national housing crisis and recession and was underwater. She had the financial ability to pay the mortgage but chose not to. Applicant did not mitigate financial trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 17-01143.h1


Financial

03/01/2018

Applicant did not mitigate the financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 17-00881.h1


Financial

03/01/2018

Applicant is a long-time clearance holder who does not have a history of financial problems. The largest alleged debt for $85,000 was based on incorrect information provided on Applicant’s credit report. She has resolved the remaining alleged delinquent accounts, totaling $1,900. Clearance is granted. CASE NO: 17-00871.h1


Financial; Personal Conduct

03/01/2018

Applicant resolved all of the statement of reasons allegations. His financial problems have been resolved and are under control. The financial considerations security concerns are mitigated. His evidence is insufficient to mitigate his deliberate falsification of his 2015 security clearance application wherein he denied his past financial problems. Personal conduct security concerns are not mitigated. Clearance denied. CASE NO: 17-00696.h1


Financial

03/01/2018

Due to circumstances largely beyond her control, Applicant incurred significant delinquent medical debt between 2010 and 2015, which had a severe impact on her overall ability to maintain her finances, and resulted in her late filing and paying of her 2013 and 2014 taxes. However, Applicant mitigated the concern by acting responsibly under the circumstances. Eligibility for access to classified information is granted. CASE NO: 17-00095.h1


Criminal; Personal Conduct

03/01/2018

Applicant was convicted in federal court of a conflict of interest between his government position and his ownership of a company supplying parts to the Government. He provided sufficient information to mitigate his criminal conduct based on the conviction. However, he did not present sufficient information to mitigate his personal conduct that led to the charge of a conflict of interest. Eligibility for access to classified information denied. CASE NO: 16-03659.h1


Foreign Influence

03/01/2018

Applicant mitigated the foreign influence security concerns. Eligibility for access to classified information is granted. CASE NO: 16-03318.h1


Financial

03/01/2018

Applicant failed to mitigate the security concerns raised by his problematic financial history. Eligibility denied. CASE NO: 16-03230.h1


Financial, Personal Conduct

03/01/2018

Applicant lost track of several student loan accounts due to multiple moves, work-related travel, and the transfer of the loans between lenders. Those accounts ultimately became delinquent. Unknowingly, Applicant denied having any delinquent accounts when he completed a 2014 security clearance application. Applicant wrote that he has taken some action with regard to these student loans, but provided scant documentary evidence substantiating his assertions. Consequently, Applicant mitigated personal conduct security concerns, but failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 16-03103.h1


Financial

03/01/2018

Applicant mitigated the financial considerations security concerns. National security eligibility for access to classified information is granted. CASE NO: 16-02766.h1


Foreign Influence

03/01/2018

Given the length of time Applicant has lived in the United States and the depth of his personal, professional, and community contacts here, I am confident that he would resolve any potential conflict of interest posed by his relatives who are citizens and residents of Afghanistan, in the U.S. interest. Clearance is granted. CASE NO: 16-01121.h1


Drugs; Alcohol

03/01/2018

Applicant mitigated the drug involvement security concern, but failed to mitigate the alcohol consumption security concern. Clearance is denied. CASE NO: 16-00351.h1


Financial

03/01/2018

Applicant’s financial issues arose from conditions largely beyond his control, are not recent, and do not cast doubt on his current reliability, judgment, or trustworthiness. Applicant mitigated the security concern raised by his finances by acting responsibly under the circumstances Eligibility for access to classified information is granted. CASE NO: 15-08528.h1


Financial

02/28/2018

Applicant mitigated the concerns raised under the financial considerations guideline. Clearance is granted. CASE NO: 17-03031.h1


Financial

02/28/2018

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-02579.h1


Financial

02/28/2018

Applicant did not mitigate the financial considerations security concerns resulting from a history of delinquent debts. Eligibility for access to classified information is denied. CASE NO: 17-01492.h1


Financial

02/28/2018

Applicant’s financial problems were the result of conditions that were beyond his control. He acted responsibly under the circumstances by resolving his debts through a Chapter 7 bankruptcy case. Clearance is granted. CASE NO: 17-01050.h1


Financial

02/28/2018

Applicant did not mitigate the financial considerations security concerns resulting from a failure to file several years of federal and state tax returns, and two delinquent medical debts. Eligibility for access to classified information is denied. CASE NO: 17-00821.h1


Guideline F

02/28/2018

While the Judge may have erred in not addressing aspects of Applicant's identity theft claim, such errors were harmless, i.e., not likely to affect the outcome of the case. In his security clearance applications (SCAs) submitted in 2013 and 2015, Applicant disclosed that he had delinquent debts, including the accounts identified in SOR ¶¶ 1.d (about $4,300), 1.e about $3,700), 1.g (about $69,000), and 1.h (about $960). In his SCAs, Applicant explained the reasons why those debts became delinquent. In short, the record contains enough evidence to establish that the debts disclosed in the SCAs were not part of the claimed identity theft. Adverse decision affirmed. CASE NO: 17-00541.a1


Financial

02/28/2018

Applicant did not mitigate the security concerns raised under Guideline F (Financial Considerations). Access to classified information is denied. CASE NO: 17-00084.h1


Financial

02/28/2018

Applicant did not mitigate the security concerns raised under Guideline F (Financial Considerations). Access to classified information is denied. CASE NO: 16-03844.h1


Financial

02/28/2018

Applicant mitigated the financial considerations security concern generated by his delinquent student loan. Clearance is granted. CASE NO: 16-03785.h1


Financial

02/28/2018

Applicant petitioned for three bankruptcies between 1992 and 2014, all of which were discharged , either individually or through conversion. Additionally, he accumulated a private student loan debt on a loan he co-signed for his son and is in compliance with his agreed payment plan. His 2011 and 2012 federal tax returns, while not fully resolved for their timeliness, predated the security clearance process. And while his 2009 and 2012 federal returns were filed untimely, he completed an installment agreement with the IRS in 2011 covering tax year 2009 that has since been fulfilled. Financial concerns are mitigated. Eligibility to hold a security clearance is granted. CASE NO: 16-02693.h1


Financial; Criminal Conduct

02/28/2018

Applicant mitigated the security concerns raised by his problematic financial history and past alcohol-related criminal conduct. Eligibility granted. CASE NO: 16-02610.h1


Guideline F

02/28/2018

The extent to which payments under a payment plan establish an aspect of the mitigating condition depends on the circumstances of a given case. Applicant owes $192,000 to the IRS and $19,000 to his state tax authority. Applicant entered into the payment plan with the IRS in July 2016. The record contains evidence that Applicant made five monthly payments. Applicant is to continue making monthly payments until the debt is resolved, which would occur after about four years of payments. Given other significant financial obligations that Applicant must fulfill, such as child support payments, and a paucity of evidence as to his ordinary expenses that will need to be balanced with his tax payments, Applicant has not established compliance sufficient to meet the Egan standard. Favorable decision reversed. CASE NO: 16-01726.a1


Financial

02/28/2018

Due to circumstances largely beyond his control, Applicant experienced financial difficulties. However, Applicant has resolved the majority of his delinquent accounts and mitigated the potential financial security concern. Eligibility for access to classified information is granted. CASE NO: 16-00724.h1


Financial

02/28/2018

Applicant filed his federal tax returns late for tax years 2012 through 2016. He filed his state tax returns late for 2015 and 2016. He did not provide documentation showing the current status of his federal tax debt. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 15-08043.h1


Guideline F

02/28/2018

If Applicant believed that there was additional information that the Judge required, it was his duty to present it. Neither Judges nor Department Counsel are authorized to serve as investigators in a DOHA proceeding. Adverse decision affirmed. CASE NO: 15-07726.a1


Financial

02/28/2018

Although Applicant’s financial issues arose from conditions largely beyond his control, the majority of his debt remains unresolved and his financial issues are recent and ongoing. Eligibility for access to classified information is denied. CASE NO: 15-03164.h1


Financial; Personal Conduct

02/28/2018

Applicant failed to mitigate the security concerns generated by his delinquent debt and his failure to disclose it on his security clearance application, as required. Clearance is denied. CASE NO: 14-05641.h1


Financial

02/27/2018

Applicant’s federal tax lien was related to a period of self-employment. He set up a payment arrangement with the IRS and resolved the debt prior to the issuance of the file of relevant material. Eligibility for a security clearance is granted. CASE NO: 17-01858.h1


Personal Conduct; Financial; Drugs

02/27/2018

Applicant mitigated concerns about his finances. However, he used marijuana regularly for more than two decades, and he intentionally provided false information on a security clearance application. Clearance is denied. CASE NO: 17-01594.h1


Financial

02/27/2018

Applicant paid several accounts in collection and a May 2011 judgment in May 2017. He lost his home to foreclosure in 2017 after defaulting on his mortgage loan. He is not likely to be pursued for a $14,465 charged-off balance for a timeshare. Yet, he exhibited an unacceptable tendency to ignore legitimate debts if he had a dispute or issue with the creditor. Clearance is denied. CASE NO: 17-01181.h1


Financial

02/27/2018

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-00664.h1


Foreign Influence

02/27/2018

Applicant’s spouse is a citizen of the Republic of China (Taiwan), her parents and sister are citizens and residents of Taiwan, and her father is a retired Taiwanese government employee. Foreign influence security concerns are not mitigated. Access to classified information is denied. CASE NO: 17-00592.h1


Financial

02/27/2018

Applicant failed to mitigate the financial considerations security concerns arising from unpaid student loans and delinquent debts. National security eligibility for access to classified information is denied. CASE NO: 17-00233.h1


Financial

02/27/2018

Applicant failed to mitigate the financial considerations security concerns arising from delinquent debts. National security eligibility for access to classified information is denied. CASE NO: 16-04001.h1


Financial, Criminal Conduct

02/27/2018

Applicant resolved delinquent debts primarily consisting of student loans. His single misdemeanor arrest was mitigated. Applicant mitigated the security concerns alleged in the SOR. CASE NO: 16-01589.h1


Financial

02/27/2018

Applicant failed to demonstrate financial responsibility and that his financial problems have been resolved or are under control. The financial considerations security concerns are not mitigated. Moreover, he deliberately falsified his 2014 security clearance application to hide his financial problems. Personal conduct security concerns are not mitigated. Clearance denied. CASE NO: 16-00490.h1


Financial; Security Violations

02/27/2018

Applicant established that circumstances beyond his control contributed to his recent financial problems and that he responsibly addressed them. His financial problems are being resolved and are under control. Financial considerations security concerns are mitigated. Clearance granted. CASE NO: 16-00461.h1


Guideline F

02/27/2018

The Board cannot consider Applicant's new evidence on appeal. The Board does not review a case de novo. Adverse decision affirmed. CASE NO: 16-00214.a1


Guideline F

02/27/2018

Applicant received the due process afforded by the Directive and his failure to make a more detailed response to the FORM cannot fairly be attributed to inadequate notice of his right to do so. Adverse decision affirmed. CASE NO: 15-08755.a1


Financial; Security Violations

02/27/2018

Applicant failed to timely file state and federal income tax returns for tax years 2012, 2013, and 2015. He was also cited for three security infractions at the workplace during 2012-2014. More recently in 2016, he failed to properly lock the door to a secured laboratory. None of his conduct was deliberate, but was due to negligence, carelessness, or inattention. Taken together, these matters reflect a recent or recurring pattern of questionable judgment, irresponsibility, or trustworthiness that militate against a favorable clearance decision. Eligibility denied. CASE NO: 15-08385.h1


Financial

02/27/2018

Applicant and his spouse did not timely file their federal and state income tax returns for tax years 2013 and 2014. They owed back taxes for several years. Applicant has since filed his delinquent tax returns, and he has been making monthly payments to the IRS and his state tax authority, but he did not give priority to resolving his tax issues before they became an issue for his security clearance eligibility. Clearance is denied. CASE NO: 15-06360.h1


Guideline B

02/27/2018

Given evidence of China's aggressive efforts to obtain U.S. protected information, its history of monitoring electronic and telephonic communications, and Applicant's apparently regular communications with his relatives, we find no reason to disturb the presumption that there is a nexus between Applicant's circumstances and a concern that he could be placed in a conflict of interest. Adverse decision affirmed. CASE NO: 15-04389.a1


Financial

02/26/2018

Applicant has unresolved financial problems, including a unpaid taxes and delinquent debts. Clearance is denied. CASE NO: 17-03049.h1


Financial

02/26/2018

Applicant has unresolved financial problems, including a significant amount of unpaid delinquent debts. Clearance is denied. CASE NO: 17-02886.h1


Financial

02/26/2018

Applicant has unresolved financial problems, including a significant amount of unpaid delinquent debts. Clearance is denied. CASE NO: 17-01947.h1


Foreign Influence; Personal Conduct

02/26/2018

Applicant mitigated foreign influence security concerns relating to his connections to Somalia because his connections to the United States are much greater than his connections to Somalia. Applicant provided false information to the U.S. Citizenship and Immigration Services to obtain residence in the United States. He is worried about losing his U.S. citizenship. Personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01652.h1


Financial

02/26/2018

Applicant accumulated delinquent student loan and consumer debts during periods when both he and his wife had limited income and he was working under the mistaken impression that his student loans were covered by his VA education benefits. Since adding to his available income and gaining a better understanding of his student loan obligations, he has made good progress in restoring his finances to stable levels consistent with eligibility criteria for holding a security clearance. Financial concerns are mitigated. Clearance is granted. CASE NO: 17-01343.h1


Guideline B

02/26/2018

Applicant contends that the Judge did not consider all of the evidence. He argues that he has minimal contact with his family members in Kyrgyzstan, and that he has applied for his wife and stepson to immigrate to the U.S. The Judge, however, made findings about those matters. Adverse decision affirmed. CASE NO: 16-02605.a1


Guideline F

02/26/2018

Applicant owes over $43,000 to his state and a little over $11,700 to the IRS for back taxes. Applicant's brief cites to matters from outside the record, which we cannot consider. Directive ¶ E3.1.29. Adverse decision affirmed. CASE NO: 16-01828.a1


Financial

02/26/2018

Applicant has addressed all of the alleged past-due debts. They are directly attributed to his two divorces from the same, former spouse. Clearance is granted. CASE NO: 16-00944.h1


Financial

02/26/2018

Applicant did not file his Federal and state income tax returns for tax years 2012 to 2014, stating that he did not have the required mortgage information from his lender. Applicant sought professional guidance and has since filed all required tax returns. He also resolved other delinquent debts to include a first and second mortgage and several small past-due debts. Applicant has mitigated the security concerns pertaining to Guideline F. Clearance is granted. CASE NO: 16-00689.h1


Guideline E; Guideline F

02/26/2018

Applicant's arguments consist of disagreements with the Judge's weighing of the evidence, which 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: 15-08649.a1


Financial

02/26/2018

Applicant did not mitigate the financial considerations trustworthiness concerns resulting from a history of delinquent debts. Eligibility for access to sensitive information is denied. CASE NO: 15-07854.h1


Alcohol; Criminal Conduct; Financial

02/26/2018

Applicant established that circumstances beyond his control contributed to his recent financial problems and that he was responsible under the circumstances. His financial problems are being resolved and are under control. His criminal behavior was related to his alcohol problem. There is no evidence of any criminal misconduct or alcohol-related incidents after 2011. He has made permanent lifestyle changes and has been abstinent since 2015. Alcohol consumption, criminal conduct, and financial considerations security concerns are mitigated. Clearance granted. CASE NO: 15-03618.h1


Financial

02/23/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-02746.h1


Financial; Personal Conduct

02/23/2018

Applicant refuted the allegation that he falsified his security clearance application, but he did not mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-02204.h1


Drugs; Personal Conduct; Financial

02/23/2018

Applicant has mitigated the security concerns raised by his past substance misuse and associated personal conduct and financial considerations issues. CASE NO: 17-01507.h1


Financial

02/23/2018

Applicant’s failure to file his Federal and state income tax returns for tax years 2009, 2010, 2011, 2013, 2014, and 2015 in a timely fashion has been mitigated by a good faith effort. Clearance is granted. CASE NO: 17-01382.h1


Financial

02/23/2018

Applicant’s failure to file his Federal income tax returns in a timely fashion for tax years 2013, 2014, and 2015, has been mitigated by a good faith effort. Clearance is granted. CASE NO: 17-01256.h1


Financial

02/23/2018

Applicant’s failure to file his Federal and state income tax returns in a timely fashion has been mitigated. He now understands the law and plans to comply with it in the future. Clearance is granted. CASE NO: 17-01213.h1


Financial

02/23/2018

Applicant’s delinquent debts, consisting mainly of student loans have not been resolved. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-00690.h1


Financial

02/23/2018

Applicant resolved some delinquent debts, but not a large student loan. He failed to mitigate the resulting financial considerations’ security concerns. Based upon a review of the pleadings and exhibits, national security eligibility for access to classified information is denied. CASE NO: 16-03905.h1


Financial

02/23/2018

Applicant provided sufficient evidence to mitigate concerns raised by her financial circumstances. Eligibility for a public trust position is granted. CASE NO: 16-02158.h1


Foreign Influence

02/23/2018

Applicant has mitigated the concerns related to foreign influence raised by the presence of his family members in Iraq. His request for national security eligibility and a security clearance is granted. CASE NO: 16-01867.h1


Guideline F

02/23/2018

Applicant raises the issue of the absence of a payment agreement that was discussed in the Judge's original decision. That issue was resolved by remanding the first decision so the Judge could consider the missing documents. Applicant also offers explanations about his debts that are not contained in the record and constitute new evidence. The Board cannot consider new evidence on appeal. Directive ¶ E3.1.29. Adverse decision affirmed. CASE NO: 16-01238.a2


Guideline E

02/23/2018

Hearing Judge found that Applicant falsified marijuana use and a related arrest on security clearance applications. The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. New evidence regarding medical marijuana use provided at appeal was not considered and was without merit. Adverse decision affirmed. CASE NO: 16-00258.a1


Financial; Foreign Preference; Foreign Influence; Personal Conduct

02/23/2018

Applicant has accumulated delinquent debts. He did not present sufficient information of reasonable and responsible actions to resolve or pay the debts. He deliberately did not list these debts on his security clearance application. He has family members in Nigeria that create a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion. He did not mitigate the financial, foreign influence, and personal conduct security concerns. He mitigated his possession and use of a Nigerian passport that he received after becoming a United States citizen. Eligibility for access to classified information is denied. CASE NO: 15-07665.h1


Guideline F

02/23/2018

We conclude that one challenged finding is erroneous. However, given the totality of the evidence, we conclude that this error did not affect the Judge's overall decision. Otherwise, the Judge's findings are sustainable. Adverse decision affirmed. CASE NO: 15-07593.a1


Foreign Influence

02/23/2018

Applicant did not mitigate the security concerns about foreign influence. He seeks a position as a linguist. Applicant’s eligibility for a security clearance is denied. CASE NO: 15-07070.h1


Alcohol; Criminal Conduct

02/22/2018

Applicant has not mitigated the security concerns under the financial considerations security concern. He did not provide any documentary evidence to show that he has resolved or is in the process of resolving his delinquent debts. Eligibility for a security clearance is denied. CASE NO: 17-02586.h1


Alcohol; Criminal Conduct

02/22/2018

Applicant has not mitigated the security concerns raised by his alcohol-related criminal conduct. Clearance is denied. CASE NO: 17-02307.h1


Drugs

02/22/2018

Applicant used marijuana about 50 times total between April 2006 and December 2015 and cocaine about five times total between July 2014 and April 2016. Applicant does not intend to use any illegal drug in the future. Her candor about her drug involvement lends credence to her assertions that her drug involvement is safely in the past. Clearance is granted. CASE NO: 17-01966.h1


Financial

02/22/2018

Applicant defaulted on a mortgage loan for a rental property after he lost his job for medically-related excessive absenteeism. A Chapter 7 bankruptcy is pending, primarily to discharge his repayment liability for any deficiency balance on the mortgage loan after foreclosure. In January 2017, Applicant paid off a judgment awarded a cleaning contractor. In July 2017, he paid a medical collection debt that he had overlooked. Applicant’s financial situation has stabilized. Clearance is granted. CASE NO: 17-01917.h1


Foreign Preference; Foreign Influence

02/22/2018

Applicant has mitigated security concerns raised by his prior service in a foreign military, and by his family and other ties to foreign citizens and residents. Clearance is granted. CASE NO: 17-01895.h1


Criminal Conduct; Personal Conduct; Financial

02/22/2018

Applicant has a lengthy history of criminal offenses coupled with recurrent violations of rules and regulations that are not mitigated. Mitigated are his omission of a 2012 judgment in his security clearance application that has since been satisfied and released. Clearance is denied. CASE NO: 16-01363.h1


Financial; Personal Conduct

02/22/2018

Several factors combined to create a difficult financial situation for Applicant: the plummeting national economy and the soaring adjustable rate mortgage interest; the necessary short-sale and the associated increased income tax burden; the health situation regarding Applicant’s child; Applicant’s wife being unable to continue working because of the child’s health; and the actions taken (or not taken) by Applicant’s attorney which did nothing to resolve eight purportedly delinquent debts, totaling approximately $40,128. Applicant took little personal action to resolve most of his delinquent accounts over a period of seven years, naively relying, instead, on the promised and claimed actions of an attorney to whom Applicant paid $7,000. Applicant also misused his corporate credit card for personal expenses. The attorney generally failed or refused to furnish status reports for the accounts supposedly being negotiated. Applicant now realizes that using a “professional” to assist him at the time was not the wisest course of action. Finally asserting himself, Applicant personally addressed his accounts and contacted the creditors or collection agents. Applicant resolved a number of accounts, including two of his wife’s accounts for which he had no legal responsibility, simply because they were erroneously alleged in the SOR. With a monthly remainder of $1,316 available for discretionary saving or spending, and no other delinquent accounts, Applicant’s financial situation is now under better control. He intends to continue making restitution to all of his remaining legitimate creditors. Applicant’s actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 15-08381.h1


Foreign Preference; Foreign Influence

02/22/2018

Applicant’s voting in an Egyptian election was an aberration. His Egyptian ID card has been destroyed, and he has no intention of obtaining another such card. Furthermore, Applicant’s foreign connections, his two elderly sisters, are clearly outweighed by his continued service and loyalty to the United States. Clearance is granted. CASE NO: 15-05175.h1


Financial

02/21/2018

Applicant provided insufficient evidence of resolution of his financial issues. Financial considerations security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 17-01341.h1


Alcohol

02/21/2018

Applicant had five alcohol-related offenses, most recently in December 2014. Concerns about his irresponsible alcohol use are not mitigated. Clearance is denied. CASE NO: 17-01137.h1


Drugs, Personal Conduct

02/21/2018

Applicant ingested marijuana in 2012, then did not report the event on his 2014 security clearance application, or volunteer the information during a subsequent polygraph test. He feared the information would make him look bad and jeopardize his career. His marijuana use, however, was a singular event. He is committed to remaining drug-free. In 2014, he let a friend have two oxycodone pills he had been prescribed, unaware it was illegal to share prescribed drugs, even with someone who uses the same drug. While Applicant mitigated drug involvement and substance misuse security concerns, the recency and the seriousness of his obfuscations sustain personal conduct security concerns. CASE NO: 16-02056.h1


Financial; Personal Conduct

02/21/2018

Applicant mitigated security concerns regarding Guideline E (personal conduct), but did not mitigate security concerns regarding Guideline F (financial considerations). Applicant failed to file his Federal income returns from 2005 to 2015. During a 2010 background investigation interview, he promised to file his returns and exercise greater diligence in the future. Although he ultimately did file ten years of back returns in 2016, it proved to be too little too late. Clearance is denied. CASE NO: 16-00796.h1


Foreign Influence

02/21/2018

Applicant mitigated concerns raised by his connections to Russia. Clearance is granted. CASE NO: 15-06240.h1


Personal Conduct

02/20/2018

Applicant’s persuasive character evidence is sufficient to mitigate the security concerns raised by the guideline for personal conduct. Eligibility for access to classified information is granted. CASE NO: 16-02684.h1


Financial

02/20/2018

Applicant’s failure to file his Federal income tax returns for tax years 2010 through 2014, his seven delinquent debts, and two state tax liens have not been resolved or mitigated. Clearance is denied. CASE NO: 17-02426.h1


Financial

02/20/2018

Applicant did not provide sufficient evidence to mitigate his history of financial problems and delinquent debts. Eligibility for access to sensitive information is denied. CASE NO: 17-02214.h1


Drug Involvement; Criminal Conduct

02/20/2018

Applicant’s use of marijuana from September 2011 to November 2016; his use of marijuana while holding a security clearance from February 2016 to November 2016; and his arrest in 2012 for Possession of Marijuana in a School Zone shows poor judgment, unreliability and untrustworthiness. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-02053.h1


Financial

02/20/2018

Applicant’s delinquent debts totaling approximately $25,000 remain owing, despite the fact that he has been employed since 2015. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-01539.h1


Financial

02/20/2018

Applicant’s delinquent debts totaling approximately $50,000 remain owing, despite the fact that Applicant has been employed since 2000. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 17-01425.h1


Personal Conduct

02/20/2018

Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct. Applicant’s eligibility for a security clearance is denied. CASE NO: 17-00777.h1


Financial

02/20/2018

Applicant did not provide sufficient evidence to mitigate the security concerns under Guideline F, financial considerations. Applicant’s eligibility for access to classified information is denied. CASE NO: 17-00295.h1


Financial; Personal Conduct

02/20/2018

Applicant’s delinquent debts totaling approximately $24,000, have not been mitigated. His debts remain owing. He also deliberately failed to list his judgment on his security clearance application in response to questions on the e-QIP dated February 13, 2015. Clearance is denied. CASE NO: 17-00229.h1


Financial

02/20/2018

Applicant’s delinquent debts totaling approximately $10,000 remain owing, despite the fact that he has been telling the Government that he has been planning to resolve his debts since 2005. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 16-03994.h1


Financial

02/20/2018

Applicant’s delinquent debts totaling approximately $38,000 remain owing, despite the fact that she claims they are in dispute. There is insufficient evidence to corroborate her claim. Clearance is denied. CASE NO: 16-03519.h1


Financial; Foreign Influence

02/20/2018

Applicant has mitigated the security concerns under the financial guideline and the foreign influence guideline. Eligibility for a security clearance is granted. CASE NO: 16-03514.h1


Financial

02/20/2018

Applicant failed to file Federal and state income tax returns for tax years 2013 and 2014; and failed to resolve his delinquent debts totaling approximately $10,000. There is insufficient evidence of mitigation or rehabilitation. Clearance is denied. CASE NO: 16-03459.h1


Financial; Personal Conduct

02/20/2018

Applicant’s failure to file his Federal income tax returns for tax years 2004 through 2015; and his deliberate omission of this material information in response to questions on his security clearance application in 2011 and in 2015 has not been mitigated. Clearance is denied. CASE NO: 16-03445.h1


Financial

02/20/2018

Applicant was a real estate investor. At one point, his lines of credit and credit cards became delinquent, various accounts were charged off, and properties went into foreclosure. The SOR focused on two mortgage accounts and a home-equity line of credit associated with two properties that were placed for collection and either charged off or in a foreclosure status, totaling approximately $578,628. Through his good-faith efforts, a large portion of debt was negotiated and repaid. His delinquent lines of credit and credit cards were settled either with immediate full payments or with increased monthly installments within a six-month period in about July 2009. By early 2015, Applicant’s portfolio consisted of only one remaining property, the one alleged in the SOR, the status of which he has disputed. The status of that property is unclear as litigation has taken place with the state court agreeing with Applicant, and the federal district court reversing the state court. The matter is currently on appeal with the federal court of appeals. Applicant is acting in good faith in his dispute of the debt. He is relying on a lawful remedy in the proper forum to resolve ownership of the debt. Applicant’s actions under the circumstances no longer cast doubt on his current reliability, trustworthiness, and good judgment. Eligibility for access to classified information is granted. CASE NO: 15-07113.h1


Foreign Preference; Foreign Influence

02/20/2018

Applicant mitigated foreign influence and foreign preference security concerns raised by family members and property interests in Iraq, and his possession of an Iraqi passport. His past behavior demonstrates he can resolve any potential conflict of interest in favor of the United States. His undivided allegiance to the United States is corroborated by his dependability and performance while under threats and possible harm. Additionally, he has developed deep and long-lasting bonds in the United States. Clearance is granted. CASE NO: 15-06814.h1


Financial

02/16/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his financial situation. Clearance is denied. CASE NO: 17-02740.h1


Financial

02/16/2018

Applicant did not present sufficient evidence to mitigate security concerns raised by his financial situation. Clearance is denied. CASE NO: 17-01729.h1


Financial

02/16/2018

Applicant owes unpaid federal and state income taxes and consumer debt that he accumulated over the years and either could not, or chose not to, repay. The resulting financial security concerns are not mitigated. Clearance is denied. CASE NO: 17-01062.h1


Financial, Personal Conduct

02/16/2018

Applicant mitigated the trustworthiness concerns about her personal conduct under Guideline E. She did not provide sufficient information to mitigate the trustworthiness concerns about her financial situation under Guideline F, financial considerations. Applicant’s eligibility for access to sensitive information is denied. CASE NO: 17-00960.h1


Drugs

02/16/2018

Applicant did not present sufficient information to explain, extenuate, or mitigate the concern stemming from his history of drug involvement and substance misuse. Eligibility denied. CASE NO: 17-00862.h1


Financial

02/16/2018

Applicant currently owes substantial medical, student loan, and consumer debt that she accumulated over the years and either could not, or chose not to, repay. Applicant claimed to be working with creditors to resolve her indebtedness, but she failed to provide any supporting documentation to substantiate her claim. The resulting financial security concerns were not mitigated. Clearance is denied. CASE NO: 16-03971.h1


Financial

02/16/2018

Applicant is delinquent to one creditor in the amount of approximately $67,000. He has now renegotiated this home loan, and he is making payments according to the plan. His financial position is stable and secure. Mitigation has been shown. Clearance is granted. CASE NO: 16-02533.h1


Financial; Personal Conduct

02/16/2018

Applicant failed to file Federal and State A taxes for tax years 2009, 2010, and 2011. During those years, he was stationed in a combat area supporting the United States military, and based on the law and the advice he received, he had a reasonable good-faith belief that he could defer filing his Federal tax returns and paying his taxes until he returned to the United States, which he did in 2012. He also believed that since he had no connection with State A he did not have a legal duty to file state taxes to that state. He has been disputing this State A ruling, but the money to State A was paid through a state tax lien. The only other SOR debt has been resolved. Applicant failed to include a 2004 incident, which resulted in a charge of Carnal Knowledge on two Security Clearance Applications. Applicant reasonably believed that based on what his attorney explained to him and that the case was dismissed that he did not have to include it on his SCAs. Mitigation has been shown. Clearance is granted. CASE NO: 16-02126.h1


Criminal Conduct; Financial

02/16/2018

Applicant mitigated the criminal conduct and financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 16-01262.h1


Financial

02/16/2018

Applicant has had a history of financial difficulties due to a protracted lawsuit with her domestic partner and identity theft. She has engaged the services of a law firm, and her delinquent debts have now been resolved or are being resolved. Applicant is current with her present bills and her financial situation is stable. Mitigation has been shown. Clearance is granted. CASE NO: 14-06432.h1


Drugs; Personal Conduct

02/15/2018

Personal conduct security concerns are mitigated; however, drug involvement and substance misuse security concerns are not mitigated. Applicant repeatedly used marijuana while holding a security clearance. Eligibility for access to classified information is denied. CASE NO: 17-02371.h1


Financial

02/15/2018

Applicant has not mitigated the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 17-02184.h1


Financial

02/15/2018

Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Eligibility for access to sensitive information is denied. CASE NO: 17-01736.h1


Financial

02/15/2018

Applicant mitigated the security concerns under Guideline F, financial considerations. Eligibility for access to classified information is granted. CASE NO: 17-01234.h1


Financial

02/15/2018

Applicant failed to pay his federal taxes for several years due to a business failure. The tax records reflect that he did not adhere to several installment agreements with the IRS over the years, and his current federal tax debt is significant and unresolved. In addition, Applicant was not candid on his security application. Applicant failed to mitigate the security concerns under Guideline F, financial considerations, and Guideline E, personal conduct. Clearance is denied. CASE NO: 17-01003.h1


Financial

02/15/2018

Applicant did not provide sufficient evidence to mitigate the financial security concerns about his tax issues and delinquent debts. Applicant’s eligibility for access to classified information is denied. CASE NO: 16-03569.h1


Foreign Influence

02/15/2018

Despite Applicant’s service as a linguist with U.S. forces, he has significant family connections to Pakistan that remain a security concern under Guideline B, foreign influence. Applicant’s eligibility for access to classified information is denied. CASE NO: 16-03047.h1


Financial

02/15/2018

Applicant has not mitigated the concerns related to charged-off credit card debts. His request for national security eligibility and a security clearance is denied. CASE NO: 16-02986.h1


Financial

02/14/2018

Applicant has not mitigated the security concerns raised by her delinquent debts. Clearance is denied. CASE NO: 17-03386.h1


Financial; Personal Conduct

02/14/2018

Applicant failed to mitigate security concern raised by her problematic financial history. She did, however, mitigate the security concern raised by her personal conduct. Eligibility denied. CASE NO: 17-02629.h1


Financial

02/14/2018

Applicant was alleged to have 12 delinquent debts totaling $21,410. She resolved three of her delinquencies to the satisfaction of the creditors and has hired a debt management firm to help her resolve the majority of her remaining debt. Based upon a review of the plea