ISCR Case 19-03991

Case Headnote

ISCR Case No. 19-03991

grantedMar 18, 2021· Hon. LeRoy F. Foreman· hearing

Summary

A 28-year-old linguist with ties to Ukraine was granted eligibility for access to classified information despite security concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed several allegations, including the applicant's connections to Ukraine, his spouse and stepson being citizens and residents of Ukraine, and his in-laws also residing there. Additionally, his spouse owns an apartment in Ukraine, and the applicant has numerous foreign contacts who are Ukrainian nationals. These facts raised disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(e), and AG ¶ 7(f).

However, the decision applied mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), and AG ¶ 8(d). The applicant demonstrated deep and longstanding relationships and loyalties within the United States. He had also severed contacts with Russian nationals and limited his Ukrainian contacts to immediate family and two long-time friends.

His prior service in the Peace Corps and current employment with a U.S. defense contractor further demonstrated his commitment to U.S. interests. Based on these mitigating factors, the applicant was granted a security clearance.

Why the Applicant Prevailed

The applicant has deep and longstanding relationships and loyalties in the United States.
He has severed contacts with Russian nationals and limited his Ukrainian contacts to immediate family and two long-time friends.
His service in the Peace Corps and employment with a U.S. defense contractor demonstrate his commitment to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections Creating Potential Conflict of Interest
AG ¶ 7(e)raisedShared Living Quarters with Foreign Nationals
AG ¶ 7(f)rejectedSubstantial Business or Financial Interests in a Foreign CountryThe applicant's wife's apartment is of nominal value and she is in the process of selling it.

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
AG ¶ 8(d)appliedForeign Contacts on U.S. Government Business

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Exec. Or. 10865 § 2.

Procedural Posture

SOR issuedApr 20, 2020
Answer filedAug 17, 2020Applicant withdrew request for hearing.
Hearing held—Decision based on written record.
Decision dateMar 18, 2021

Cite For

Mitigating Factors Under Guideline B for Foreign Influence
Consideration of Family Ties in Security Clearance Decisions
Impact of U.S. Government 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 has connections to Ukraine that raise security concerns.	For Applicant	Unspecified Foreign Relationship Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved	—
1.b	Applicant's spouse is a citizen and resident of Ukraine.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved	—
1.c	Applicant's stepson is a citizen and resident of Ukraine.	For Applicant	Unspecified Foreign Relationship Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved	—
1.d	Applicant's in-laws are citizens and residents of Ukraine.	For Applicant	In Law in Foreign Country Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved	—
1.e	Applicant's spouse owns an apartment in Ukraine.	For Applicant	Foreign Real Estate Financial or Property Interest	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved	—
1.f	Applicant has numerous foreign contacts who are Ukrainian nationals.	For Applicant	Friend in Foreign Country Friend	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has connections to Ukraine that raise security concerns.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Ukraine

Admitted

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

(b) connections creating a potential conflict of interest

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

—

1.b

Applicant's spouse is a citizen and resident of Ukraine.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ukraine

Admitted

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

(b) connections creating a potential conflict of interest

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

—

1.c

Applicant's stepson is a citizen and resident of Ukraine.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Ukraine

Admitted

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

(b) connections creating a potential conflict of interest

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

—

1.d

Applicant's in-laws are citizens and residents of Ukraine.

For Applicant

In Law in Foreign Country

Immediate Family

Ukraine

Admitted

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

(b) connections creating a potential conflict of interest

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

—

1.e

Applicant's spouse owns an apartment in Ukraine.

For Applicant

Foreign Real Estate

Financial or Property Interest

Ukraine

Admitted

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

(b) connections creating a potential conflict of interest

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

—

1.f

Applicant has numerous foreign contacts who are Ukrainian nationals.

For Applicant

Friend in Foreign Country

Friend

Ukraine

Admitted

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

(b) connections creating a potential conflict of interest

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION