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ISCR Case 18-00665 — CASE

Case record

ISCR Case 18-00665

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date2/26/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Thomas M. Crean
Government Counsel: Daniel F. Crowley
Applicant's Counsel: Aileen Xenakis
Case Summary
deny an applicant a security clearance. In this case, the applicant, a logistics specialist for a defense contractor, faced allegations under Guideline B for foreign influence due to her family members residing in South Korea. The Statement of Reasons outlined concerns regarding her brother, half-brothers, sister, half-sister, and two nephews, all of whom are citizens and residents of South Korea.
The applicant admitted to the allegations but provided context to mitigate the concerns. She emphasized her long-standing ties to the U.S. military, her citizenship, and her financial and personal commitments to the United States. The applicant had served 22 years in the U.S. Army and had maintained a security clearance for 37 years without incident. She described her limited contact with her family in South Korea and highlighted her plans to retire in the U.S., including owning property and having financial investments solely in U.S. institutions.
The administrative judge ruled in favor of the applicant, concluding that she had sufficiently mitigated the security concerns related to foreign influence. The judge noted the stability of South Korea as a U.S. ally and the applicant's strong ties to the U.S., which outweighed the potential risks associated with her family connections. Consequently, the applicant was granted eligibility for access to classified information.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 18-00665

grantedFeb 26, 2019· Hon. Thomas M. Crean· hearing

Summary

A 59-year-old retired U.S. Army sergeant was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to family ties in South Korea. The Statement of Reasons cited that the applicant had a brother, two half-brothers, a sister, and a half-sister who are all citizens and residents of South Korea. Additionally, three nephews are South Korean citizens and residents; one serves in the South Korean Air Force, another in the South Korean Army Reserve, and a third completed mandatory military service in the South Korean Army before becoming an English teacher.

Disqualifying conditions under Guideline B were raised, specifically regarding immediate family and other relatives who are foreign citizens. However, the judge applied several mitigating conditions. The applicant demonstrated extensive ties to the U.S. through military service and citizenship, and their financial interests and retirement plans are centered within the U.S.

Ultimately, the judge concluded that the applicant's strong connections to the U.S. and limited contact with family in South Korea sufficiently mitigated the foreign influence concerns, determining that no significant risk was present. The security clearance was therefore granted.

Why the Applicant Prevailed

The applicant has extensive ties to the U.S. through military service and citizenship.
The applicant's financial interests and plans for retirement are centered in the U.S.
The applicant's contact with family in South Korea is limited and does not create a significant risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Is Unlikely to Create a Conflict of Interest
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong Ties to the U.S.
AG ¶ 8(c)rejectedCasual or Infrequent Contact with Foreign CitizensThe applicant's contact with family members is not casual or infrequent.

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 4, 2018
Answer filedMay 1, 2018
Hearing heldNov 8, 2018
Decision dateFeb 26, 2019

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Ties in Evaluating Foreign Family Connections
Whole-person Concept in Security Clearance Determinations

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's foreign ties to family members in South Korea were mitigated by her extensive ties to the United States, including her military service, citizenship, and financial interests. The applicant's connections to the U.S. military and her plans to retire in the U.S. contributed to the decision to grant her access to classified information.

Country conditions:the decision took administrative notice of official facts about the foreign country (the Government’s country submission).

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Military or Government Service · Intent to Remain in U.S. · U.S. Home or Property · U.S. Financial Assets Predominant

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's brother, two half-brothers, a sister, and a half-sister are citizens and residents of South Korea.	For Applicant	Sibling in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.e	Applicant has two nephews who are citizens and residents of South Korea, one serving in the South Korean Air Force and the other in the South Korean Army Reserve.	For Applicant	Extended Family in Foreign Country Extended Family	South Korea HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.f	Applicant's other nephew is a citizen and resident of South Korea, served his mandatory military duty in the South Korean Army, and is an English teacher.	For Applicant	Extended Family in Foreign Country Extended Family	South Korea HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.b–1.d	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.