Summary
A security clearance was granted to an 83-year-old former major general in the Iraqi military, despite concerns under Guideline B (Foreign Influence) regarding his family ties in Iraq. The Statement of Reasons detailed several relatives who are citizens and residents of Iraq, including two sons serving as officers in the Iraqi Army, a deceased brother who was a retired noncommissioned officer, and a brother-in-law who is a retired warrant officer. Additionally, his daughter and son-in-law, both retired math teachers, and another brother, a retired survey engineer, reside in Iraq. A friend, a retired senior officer from the Iraqi Army, also lives there.
Disqualifying conditions under Guideline B, specifically AG ¶ 7(a) and AG ¶ 7(b), were raised due to these foreign connections. However, the judge applied mitigating conditions under AG ¶ 8(b).
The decision to grant the clearance was based on the applicant's extensive service and contributions to the U.S. military, which were deemed significant mitigating factors. His demonstrated commitment to U.S. interests and loyalty, evidenced by his immigration to the U.S. and subsequent citizenship, outweighed the potential conflict of interest posed by his family ties in Iraq.
Why the Applicant Prevailed
- The applicant's long-standing service and contributions to the U.S. military were significant mitigating factors.
- The applicant demonstrated a commitment to U.S. interests and loyalty, having immigrated to the U.S. and become a citizen.
- The applicant's family ties in Iraq did not create a conflict of interest due to his established loyalty to the U.S.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members who are citizens and residents of Iraq, including two sons in the Iraqi Army.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties create a potential conflict of interest.
- AG ¶ 8(b)appliedNo Conflict of Interest Due to Loyalty to the U.S.The applicant's extensive service and contributions to the U.S. military mitigate concerns about foreign influence.
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedNov 2, 2017
- Answer filedNov 26, 2017Timely response requested a hearing.
- Hearing heldApr 2, 2019Hearing conducted as scheduled.
- Decision dateMay 17, 2019
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Significance of Long-standing Service to U.S. Military in Security Clearance Decisions
- Impact of Family Ties on Security Clearance Eligibility