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ISCR Case 16-02228.h1 — CASE

ISCR Case 16-02228.h1granted

Case Headnote

ISCR Case No. 16-02228.h1

grantedDec 19, 2017· Hon. Francisco Mendez· hearing

Summary

This security clearance decision involved an applicant, originally from Turkey, who had resided in the U.S. for over 25 years. The case was evaluated under Guideline B, Foreign Influence, due to the applicant's familial connections and other ties to Turkey.

Despite these foreign ties, the applicant successfully mitigated the concerns. Key factors included the applicant's strong and long-standing ties to the U.S., demonstrated by a substantial net worth and ownership of U.S. properties. Both the applicant and her husband had also held security clearances for over 20 years without any reported incidents.

The judge concluded that the applicant's interests were aligned with U.S. national security, applying mitigating conditions 8(a), 8(b), 8(c), 8(e), and 8(f). Consequently, the security clearance was granted.

Why the Applicant Prevailed

Applicant has lived in the U.S. for over 25 years and has strong ties to the country.
Applicant and her husband have held security clearances for over 20 years without incident.
Applicant's substantial net worth and U.S. properties demonstrate commitment to the U.S.

Conditions Referenced

Mitigating

AG ¶ 8(a)appliedThe Nature of the Foreign Contacts
AG ¶ 8(b)appliedThe Applicant's Dual Citizenship or Foreign Connections
AG ¶ 8(c)appliedThe Applicant's Willingness to Sever Ties with Foreign Interests
AG ¶ 8(e)appliedThe Applicant's Financial Interests in the U.S.
AG ¶ 8(f)appliedThe Applicant's History of Compliance with Security Requirements

Key Rule Quoted

“It is clearly consistent with the interests of national security to extend Applicant’s eligibility for access to classified information.”

Procedural Posture

SOR issuedNov 25, 2016
Answer filed—
Hearing heldDec 7, 2017
Decision dateDec 19, 2017

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Substantial U.S. Ties in Security Clearance Cases
Consideration of the Whole-person Concept in Security Clearance Evaluations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant mitigated security concerns related to her foreign connections to Turkey. The applicant's long-term residence in the U.S., substantial financial ties, and willingness to prioritize her U.S. family over foreign opportunities contributed to the decision to grant her security clearance.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Home or Property · U.S. Financial Assets Predominant · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant has familial connections and other ties to Turkey.	For Applicant	Unspecified Foreign Relationship Immediate Family	Turkey	Denied	—	(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. (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.b–1.d	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) REDACTED ) ISCR Case No. 16-02228 ) ) Applicant for Security Clearance

For Government: Robert B. Blazewick, Esq., Department Counsel For Applicant: Pro se

12/19/2017 ______________

DECISION

______________

MENDEZ, Francisco, Administrative Judge:

On November 25, 2016, the Department of Defense (DOD) sent Applicant a Statement of Reasons (SOR), alleging that her familial connections and other ties to Turkey raised a security concern under the foreign influence guideline. Applicant answered the SOR and requested a hearing to establish her eligibility for continued access to classified information.

On December 7, 2017, I convened a hearing. After the record closed, I informed the parties that the case appeared appropriate for summary disposition in Applicant’s favor. Department Counsel did not object. (Exhibit I.) The transcript of the hearing was received on December 18, 2017.

Applicant mitigated the security concerns raised by her foreign connections and contacts. She and her husband were born in Turkey. They immigrated to the United States over 25 years ago, and both have held security clearances for over 20 years. Applicant reported and candidly discussed her foreign connections, contacts, and travel during the course of multiple security clearance reviews over the years. She recently turned down a lucrative job offer to relocate to Europe, where she would be closer to her country of birth, because she does not want to live so far away from her children and grandchildren – all of whom live in the United States. Applicant and her husband’s total net worth, which includes multiple U.S. properties and U.S. investment accounts, exceeds five million dollars. Applicant’s substantial ties to the United States and favorable security record show that she can continue to be entrusted to place the security interests of the United States over her relatively weak foreign connections.1

In evaluating the security concern at issue, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence or vice versa. I also gave due consideration to the whole-person concept and considered the country at issue. After considering the entire record evidence, I conclude that Applicant met her burden of proof and persuasion. It is clearly consistent with the interests of national security to extend Applicant’s eligibility for access to classified information. Applicant’s request for a security clearance is granted.

____________________ Francisco Mendez Administrative Judge

FOOTNOTES

1 Specifically, the mitigating conditions listed in Adjudicative Guidelines ¶¶ 8(a) – 8(c), 8(e), and 8(f) apply.