ISCR Case 19-00456

Case Headnote

ISCR Case No. 19-00456

grantedMar 6, 2020· Hon. Wilford H. Ross· hearing

Summary

A 48-year-old Navy veteran and hazardous material technician was granted a security clearance despite initial concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The Statement of Reasons alleged the applicant had foreign contacts or interests that could lead to divided allegiance, showed a preference for another country, and made intentional misstatements on an Electronic Questionnaire for Investigations Processing (EQIP) submitted on February 15, 2016.

The judge determined that the applicant's foreign ties, primarily to the Philippines, did not pose a significant risk of foreign influence. The applicant demonstrated a strong commitment to the United States, including renouncing his Philippine citizenship.

Furthermore, the judge found that the misstatements on the security questionnaire were unintentional and were promptly corrected. The applicant successfully mitigated the concerns by demonstrating his loyalty to the United States and the minimal nature of his foreign ties. Consequently, the request for national security eligibility and security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a strong commitment to the United States, including renouncing his Philippine citizenship.
The applicant's family ties in the Philippines were deemed not to pose a significant risk of foreign influence.
The applicant's misstatements on the security questionnaire were found to be unintentional and promptly corrected.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons That Create Potential Conflict of Interest
AG ¶ 7(f)raisedSubstantial Business or Financial Interests in a Foreign Country

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(f)appliedValue of Foreign Interests Unlikely to Result in Conflict
AG ¶ 11(a)appliedForeign Citizenship Not in Conflict with U.S. Interests
AG ¶ 11(c)appliedWillingness to Renounce Foreign Citizenship
AG ¶ 17(a)appliedPrompt Efforts to Correct Omissions on the Questionnaire

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 26, 2019
Answer filedAug 2, 2019
Hearing heldNov 7, 2019convened as scheduled
Decision dateMar 6, 2020

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Unintentional Misstatements on Security Questionnaires Under Guideline E

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 is ineligible for clearance because he has foreign contacts or interests that may result in divided allegiance.	For Applicant	Parent in Foreign Country Immediate Family	Philippines	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (f) foreign interests are minimal and could not be used to influence	Documented Deep U.S. Ties Documented Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant is ineligible for clearance because he has foreign contacts or interests that may result in divided allegiance.

For Applicant

Parent in Foreign Country

Immediate Family

Philippines

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(f) foreign interests are minimal and could not be used to influence

Documented

Deep U.S. Ties

Documented

Foreign Assets Divested

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant made intentional misstatements on an Electronic Questionnaire for Investigations Processing he filled out on February 15, 2016.	For Applicant	Falsification Security FormNOT DELIBERATESELF-CORRECTED	—	Admitted	—	(a) prompt, good-faith correction before being confronted	Credited Corrected Falsification Promptly

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant made intentional misstatements on an Electronic Questionnaire for Investigations Processing he filled out on February 15, 2016.

For Applicant

Falsification Security FormNOT DELIBERATESELF-CORRECTED

—

Admitted

—

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

Credited

Corrected Falsification Promptly

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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