Summary
A 44-year-old linguist, originally from Afghanistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons cited that the applicant's siblings and in-laws are citizens and residents of Afghanistan, and that he was terminated in 2015 from a previous contract linguist position.
Disqualifying conditions under Guideline B, specifically regarding immediate family members who are citizens of a foreign country, and under Guideline E, concerning a pattern of questionable judgment, were initially raised. However, the judge applied several mitigating conditions.
The applicant successfully demonstrated strong ties to the U.S. through his citizenship and family residing domestically. His commitment to U.S. interests was evidenced by his service as a linguist in combat situations. Furthermore, his minimal contact with family in Afghanistan and his consistent support for U.S. military efforts effectively mitigated the foreign influence concerns, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant established strong ties to the U.S. through his citizenship and family residing in the U.S.
- He demonstrated a commitment to U.S. interests through his service as a linguist in combat situations.
- The applicant's minimal contact with family in Afghanistan and his history of support for U.S. military efforts mitigated foreign influence concerns.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Contacts and InterestsThe applicant's siblings and in-laws are citizens and residents of Afghanistan.
- AG ¶ 7(b)raisedPotential Conflict of InterestConnections to family in Afghanistan raised concerns about divided allegiance.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with family members in Afghanistan are unlikely to create a conflict of interest.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's loyalty to the U.S. and minimal contact with foreign family members mitigate concerns.
- AG ¶ 17(c)appliedMinor Offense or Unique CircumstancesThe applicant's termination was an isolated incident under unique circumstances.
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive StepsThe applicant fully disclosed the circumstances of his termination.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 4, 2019
- Answer filedFeb 19, 2019
- Hearing heldApr 10, 2019Applicant waived the 15-day notice requirement.
- Decision dateJul 8, 2019
Cite For
- Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
- Consideration of Unique Circumstances in Personal Conduct Cases
- Importance of Demonstrated Loyalty in Security Clearance Determinations