A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-02228.h1
GrantedDecided Dec 19, 2017 · Administrative Judge Francisco Mendez · Hearing
Case headnote
Summary
The applicant, a long-time U.S. resident originally from Turkey, sought a security clearance under Guideline B concerning foreign influence due to familial ties in Turkey. The applicant mitigated concerns by demonstrating substantial ties to the U.S., including a significant net worth and a history of holding security clearances. The judge concluded that the applicant's interests aligned with national security, resulting in a granted decision.
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) The nature of the foreign contactsapplied
- AG ¶ 8(b) The applicant's dual citizenship or foreign connectionsapplied
- AG ¶ 8(c) The applicant's willingness to sever ties with foreign interestsapplied
- AG ¶ 8(e) The applicant's financial interests in the U.S.applied
- AG ¶ 8(f) The applicant's history of compliance with security requirementsapplied
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 issued
- 11/25/2016
- Answer filed
- Hearing held
- 12/07/2017
- Decision date
- 12/19/2017
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
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From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Prior Clearance
- held
Allegations under Guideline B
Reading the 4 per allegation rows needs a free account.
4 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
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.