Summary
A 56-year-old single man with military service was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant had contacts and financial interests in the Philippines that raised security concerns. However, the administrative judge determined that his romantic relationship with a Thai woman while working in Estonia did not generate a security concern.
Furthermore, several allegations of falsification on his 2012 security clearance application were dismissed. Specifically, the judge found that the applicant did not falsify his application regarding his negative responses to Sections 19 and 20B, nor did his failure to disclose foreign financial interests or foreign travel constitute falsification.
The clearance was granted because the applicant's relationships with foreign nationals were found to be casual and infrequent, and his financial interests in the Philippines were minimal relative to his overall net worth, thereby reducing potential coercion risks. His responses on the security clearance application were also deemed candid and forthcoming, negating the allegations of falsification.
Why the Applicant Prevailed
- The applicant's relationships with foreign nationals were deemed casual and infrequent, minimizing the risk of foreign influence.
- The applicant's financial interests in the Philippines were minimal compared to his overall net worth, reducing potential coercion risks.
- The applicant's responses on the security clearance application were considered candid and forthcoming, negating allegations of falsification.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign NationalsThe applicant's relationships with foreign nationals raised concerns about potential foreign influence.
- AG ¶ 7(f)raisedSubstantial Business, Financial, or Property InterestsThe applicant's financial interests in the Philippines were scrutinized for potential coercion.
- AG ¶ 8(c)appliedCasual and Infrequent ContactThe nature of the applicant's relationships was too casual and infrequent to pose a security risk.
- AG ¶ 8(f)appliedMinimal Value of Foreign InterestsThe applicant's financial interests were minimal relative to his total net worth.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMar 9, 2017
- Answer filedMar 29, 2017
- Hearing heldOct 5, 2018Hearing was initially scheduled for October 5, 2018.
- Decision dateJan 25, 2019
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Personal Conduct Concerns Under Guideline E
- Candidness in Security Clearance Applications as a Mitigating Factor