ISCR Case 16-01576.h1

Case Headnote

ISCR Case No. 16-01576.h1

grantedAug 17, 2017· Hon. Robert J. Kilmartin· hearing

Summary

A 36-year-old interpreter-translator from Afghanistan sought a security clearance, facing concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons noted that his parents and siblings are citizens and residents of Afghanistan, and he has provided financial support to his father and a female friend from Kyrgyzstan. It was also alleged that he overlooked a question regarding foreign national support on his Security Clearance Application (SCA), which he attributed to not understanding the term "foreign nationals" in that context.

Disqualifying conditions were raised under Guideline B concerning his family in Afghanistan and his financial support to them. However, the applicant demonstrated minimal contact with his family in Afghanistan, and there was no indication of their affiliation with the Afghan government or intelligence services. He also clarified that he did not intend to falsify information regarding financial support.

The judge applied several mitigating conditions, concluding that the applicant's ties to Afghanistan were minimal and inconsequential. The applicant also demonstrated longstanding relationships and loyalties within the U.S. Consequently, the judge granted eligibility for access to classified information.

Why the Applicant Prevailed

Applicant's ties to Afghanistan are minimal and inconsequential.
He has longstanding relationships and loyalties in the U.S.
There is no indication that his family members are affiliated with the Afghanistan government.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest
AG ¶ 8(c)appliedCasual and Infrequent Contact
AG ¶ 17(c)appliedMinor Offense or Infrequent Behavior
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004).

Procedural Posture

SOR issuedJun 29, 2016
Answer filedJul 15, 2016
Hearing held—Decided on written record.
Decision dateAug 17, 2017

Cite For

Mitigation of Foreign Influence Under Guideline B
Mitigation of Personal Conduct Concerns Under Guideline E
Consideration of the Whole-person Concept in Security Clearance Decisions.

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's parents and siblings are citizens and residents of Afghanistan.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.b	Applicant has provided financial support to his father and a female friend from Kyrgyzstan.	For Applicant	Financial Support to Foreign Relative Friend	Kyrgyzstan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.c	Applicant's family members in Afghanistan are not affiliated with the Afghanistan government or intelligence services.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.d	Applicant has little contact with his family members in Afghanistan.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.e	Applicant intends to sponsor his family members to come to the United States.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents and siblings are citizens and residents of Afghanistan.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.b

Applicant has provided financial support to his father and a female friend from Kyrgyzstan.

For Applicant

Financial Support to Foreign Relative

Friend

Kyrgyzstan

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.c

Applicant's family members in Afghanistan are not affiliated with the Afghanistan government or intelligence services.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.d

Applicant has little contact with his family members in Afghanistan.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.e

Applicant intends to sponsor his family members to come to the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant overlooked the question in Section 20A of his SCA, Foreign National Support, because he did not understand it. He never considered his family members to be foreign nationals. Thus, he denied the falsification allegation in SOR ¶ 2.a.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Foreign Contacts or Interests	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant overlooked the question in Section 20A of his SCA, Foreign National Support, because he did not understand it. He never considered his family members to be foreign nationals. Thus, he denied the falsification allegation in SOR ¶ 2.a.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Foreign Contacts or Interests

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES