Summary
The applicant, a 59-year-old Test Engineer with a long-term relationship with a Thai national, faced allegations under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). Despite admitting to some allegations, the judge found that the applicant's military service, favorable work history, and the nature of his foreign contacts mitigated security concerns, leading to a granted security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: In response to Guideline B, Foreign Influence: Applicant admitted in part, and denied in part, allegation 1.a. He denied allegation 1.b. of the SOR (1.a). Applicant admitted with clarification allegation 2.a., and denied allegations 2.b. and 2.c. of the SOR (2.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(f). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), AG ¶ 8(e), AG ¶ 17(d). The decision turned on the following: The applicant's long-term relationship with his Thai girlfriend was openly reported to his employer and did not pose a significant security risk; The applicant demonstrated a strong commitment to U.S. interests through his military service and favorable work history; The judge found that the applicant's foreign contacts were limited, casual, and infrequent, reducing the risk of foreign influence.
Why the Applicant Prevailed
- The applicant's long-term relationship with his Thai girlfriend was openly reported to his employer and did not pose a significant security risk.
- The applicant demonstrated a strong commitment to U.S. interests through his military service and favorable work history.
- The judge found that the applicant's foreign contacts were limited, casual, and infrequent, reducing the risk of foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign National
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 7(f)raisedSubstantial Financial Interests in Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest
- AG ¶ 8(c)appliedCasual and Infrequent Contact
- AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 22, 2024
- Answer filedSep 10, 2024
- Hearing heldFeb 20, 2025
- Decision dateApr 3, 2025
Cite For
- Mitigation of Foreign Influence Under Guideline B Due to Long-term Relationships
- Consideration of Military Service as a Mitigating Factor
- Evaluation of Personal Conduct in Light of Overall Behavior and Work History