Summary
A 45-year-old mechanic for a defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence). While the applicant successfully mitigated concerns under Guidelines C (Foreign Preference), D (Sexual Behavior), and E (Personal Conduct), the judge determined that the foreign influence issues remained unmitigated.
The primary unmitigated concern stemmed from the applicant's wife being a Russian citizen with family residing in Russia. This relationship was deemed to create a heightened risk of foreign pressure or exploitation. Additionally, the applicant's approximately 20 years of residency in South Korea raised concerns about divided allegiance, indicating a potential preference for living abroad.
Despite the application of mitigating conditions B.8.a, B.8.b, and B.8.c, the disqualifying conditions B.7.a, B.7.b, and B.7.d related to foreign influence were not overcome, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant's wife is a Russian citizen with family ties in Russia, creating a heightened risk of foreign pressure or exploitation.
- The applicant has lived in South Korea for approximately 20 years, which raises concerns about divided allegiance due to his long-term residency and preference for living there.
Conditions Referenced
- B.7.araisedContact with Foreign Family Members
- B.7.braisedConnections to Foreign Persons Creating Potential Conflict of Interest
- B.7.draisedSharing Living Quarters with a Foreign National
- B.8.arejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's close familial ties to a Russian citizen create a risk of foreign influence.
- B.8.bappliedMinimal Conflict of Interest Due to Deep Loyalty to the U.S.The applicant has a long-standing relationship with the U.S. but it does not mitigate the concerns.
- B.8.crejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's relationship with his wife and her family is not casual.
- C.10appliedNo Conditions Raising Security Concerns Established
- D.13appliedNo Conditions Raising Security Concerns Established
- E.16appliedNo Conditions Raising Security Concerns Established
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedOct 29, 2016
- Answer filedNov 28, 2016
- Hearing held—Applicant requested a decision on the record without a hearing.
- Decision date—Decision issued on 06/07/2018.
Cite For
- Denial of Security Clearance Due to Foreign Influence Concerns Under Guideline B
- Mitigation of Foreign Preference Concerns Under Guideline C
- Successful Rebuttal of Allegations Under Guidelines D and E