ISCR Case 18-00341

Case Headnote

ISCR Case No. 18-00341

grantedMay 22, 2019· Hon. Richard A. Cefola· hearing

Summary

A 35-year-old linguist for a defense contractor was granted a security clearance despite allegations under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant admitted that four brothers are citizens and residents of Afghanistan, with one having served as a clerk for the Afghan government. He also acknowledged providing approximately $5,000 to a brother between 2010 and 2016 to support his now-deceased mother.

Further personal conduct issues included answering "No" on his February 2017 e-QIP to a question about providing financial support to foreign nationals, despite his prior admissions. He also admitted to residing in the United States illegally from about 2006 to 2010.

However, the judge found significant mitigating factors. The applicant's service to U.S. Forces, including his willingness to risk his life, and his prior disclosures of financial support to family members in previous security screenings, demonstrated candor and loyalty. Ultimately, the applicant's connections to foreign relatives were outweighed by his deep loyalty and service to the United States, leading to the grant of eligibility for access to classified information.

Why the Applicant Prevailed

The applicant's service to U.S. Forces and his willingness to risk his life mitigated security concerns.
He disclosed financial support to his family members in previous security screenings, demonstrating candor.
The applicant's connections to foreign relatives were outweighed by his deep loyalty to the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 16(a)raisedDeliberate Omission or Concealment of Relevant Facts
AG ¶ 16(c)raisedCredible Adverse Information Indicating Questionable Judgment

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong Ties to the U.S.
AG ¶ 8(d)notedForeign Contacts on U.S. Government Business
AG ¶ 17(a)appliedPrompt Efforts to Correct Omissions
AG ¶ 17(c)appliedMinor Offenses Unlikely to Recur

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 13, 2018
Answer filedFeb 28, 2018
Hearing heldApr 23, 2019
Decision dateMay 22, 2019

Cite For

Mitigating Factors Related to Foreign Influence Under Guideline B
Considerations of Personal Conduct and Candor in Security Clearance Cases
The Impact of Military Service on Security Clearance Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant denied that his mother is a citizen and resident of Afghanistan, as she is now deceased.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant admits that three brothers are citizens and residents of Afghanistan.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant admits that a fourth brother, also a citizen and resident of Afghanistan, was a 'Clerk' for the Afghan government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Applicant admits that between 2010~2016, he gave a total of about $5,000 to a brother, in support of his, now deceased, mother.	For Applicant	Financial Support to Foreign Relative Immediate Family	Afghanistan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	Claimed Voluntary Disclosure Before Confrontation

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant denied that his mother is a citizen and resident of Afghanistan, as she is now deceased.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

Applicant admits that three brothers are citizens and residents of Afghanistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.c

Applicant admits that a fourth brother, also a citizen and resident of Afghanistan, was a 'Clerk' for the Afghan government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.d

Applicant admits that between 2010~2016, he gave a total of about $5,000 to a brother, in support of his, now deceased, mother.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Afghanistan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

Claimed

Voluntary Disclosure Before Confrontation

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant answered 'No' on his February 2017 e-QIP to the question: 'Have you EVER provided financial support for any foreign national?'	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation
2.b	Applicant admits that he resided in the United States illegally from about 2006~2010.	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant answered 'No' on his February 2017 e-QIP to the question: 'Have you EVER provided financial support for any foreign national?'

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

2.b

Applicant admits that he resided in the United States illegally from about 2006~2010.

For Applicant

Unspecified Personal Conduct

—

Admitted

—

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION