Summary
The applicant, a 31-year-old linguist for a government contractor, faced security concerns under Guideline B due to ongoing contacts with individuals in Afghanistan and Pakistan, including an extramarital affair with a foreign national. Although he successfully mitigated concerns under Guideline E regarding personal conduct, the judge concluded that the applicant posed a risk to national security, resulting in a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant has numerous on-going contacts with citizens and/or residents of Afghanistan and/or Pakistan (1.a). You have provided approximately $1,000 in financial support to your father-in-law (1.j). Applicant failed to list the woman with whom he had the extramarital affair with on his November 17, 2017 security clearance application under foreign contacts (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(e), AG ¶ 7(i). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant had numerous ongoing contacts with citizens and/or residents of Afghanistan and/or Pakistan; An extramarital affair with a foreign national created an unmitigated heightened risk for exploitation; The applicant failed to demonstrate deep and longstanding loyalties to the United States.
Why the applicant was denied
- The applicant had numerous ongoing contacts with citizens and/or residents of Afghanistan and/or Pakistan.
- An extramarital affair with a foreign national created an unmitigated heightened risk for exploitation.
- The applicant failed to demonstrate deep and longstanding loyalties to the United States.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Nationals
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 7(e)raisedShared Living Quarters with Foreign Nationals
- AG ¶ 7(i)raisedConduct That May Make the Individual Vulnerable to Exploitation
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with foreign nationals created a heightened risk of foreign influence.
- AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant failed to demonstrate deep and longstanding loyalties to the United States.
- AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant maintained regular contact with foreign nationals.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedAug 22, 2018
- Answer filedSep 18, 2018Applicant elected to have the case decided on the written record.
- Hearing held—Decision made based on written record.
- Decision dateMar 14, 2019
Cite for
- Security Concerns Under Guideline B Related to Foreign Influence
- Successful Mitigation of Concerns Under Guideline E Regarding Personal Conduct
- The Impact of Extramarital Relationships on Security Clearance Eligibility