Summary
The applicant, a 33-year-old technician with prior military service, faced security clearance denial due to concerns under Guideline A (Foreign Influence), Guideline B (Personal Conduct), and Guideline D (Sexual Behavior). The applicant engaged in an affair with a Chinese national, failed to disclose ongoing contact after being instructed to cease, and lied about the relationship, leading to a determination that he could not be trusted to protect classified information.
Under Guideline A (Allegiance), Guideline B (Foreign Influence), Guideline D (Sexual Behavior), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant engaged in an affair with a married, Chinese foreign national whose husband was a member of the Chinese military and whose father had ties with the same (1.a). Applicant failed to report or fully disclose, when required, to his employer and the agency he supported, the extent of his association with the Chinese national (2.a). Applicant knowingly lied to and actively concealed the ongoing contact from his employer, the agency he supported, and his girlfriend (3.a). Applicant engaged in an affair with a Chinese national whose husband was a member of the Chinese military and whose father had ties with the same (1.a). Applicant failed to report or fully disclose, when required, to his employer and the agency he supported, the extent of his association with the Chinese national (1.b). Applicant violated a written commitment made to his employer as a condition of his employment to end the relationship and cease all contact with the woman (1.c). Applicant engaged in an affair with a married Chinese national whose husband was a member of the Chinese military and whose father had ties with the same (3.a). Applicant knowingly lied to and actively concealed the ongoing contact from his employer, the agency he supported, and his girlfriend (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 16(f), AG ¶ 2(a). The judge applied mitigating conditions AG ¶ 7(b), AG ¶ 16(d), AG ¶ 2(d). The decision turned on the following: The applicant failed to mitigate concerns regarding personal conduct and sexual behavior due to his ongoing relationship with a Chinese national; He knowingly lied about his continued contact with the foreign national, violating a security agreement with his employer; The applicant's actions raised significant concerns about his judgment, reliability, and trustworthiness.
Why the Applicant Was Denied
- The applicant failed to mitigate concerns regarding personal conduct and sexual behavior due to his ongoing relationship with a Chinese national.
- He knowingly lied about his continued contact with the foreign national, violating a security agreement with his employer.
- The applicant's actions raised significant concerns about his judgment, reliability, and trustworthiness.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Influence
- AG ¶ 16(f)raisedSexual Behavior
- AG ¶ 2(a)raisedPersonal Conduct
- AG ¶ 7(b)appliedForeign InfluenceThe applicant no longer has contact with the Chinese national.
- AG ¶ 16(d)rejectedSexual BehaviorThe applicant's actions were not minor and were not mitigated by the passage of time.
- AG ¶ 2(d)rejectedPersonal ConductThe applicant's conduct raised concerns about his judgment and reliability.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 10, 2016
- Answer filed—
- Hearing heldSep 28, 2017
- Decision dateMar 27, 2018
Cite For
- Denial of Security Clearance Due to Foreign Influence Concerns
- Impact of Personal Conduct on Security Clearance Eligibility
- Importance of Full Disclosure in Security Clearance Applications