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ISCR Case 17-01558.h1 — CASE

ISCR Case 17-01558.h1denied

Case Headnote

ISCR Case No. 17-01558.h1

deniedJun 29, 2018· Hon. Nichole L. Noel· hearing

Summary

A pro se applicant was denied a security clearance under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The denial stemmed from allegations that the applicant solicited prostitutes in South Korea and Thailand between 1999 and 2013. Additionally, the applicant maintained ongoing romantic involvement with a Thai national who was a former prostitute.

These actions raised disqualifying conditions related to personal conduct and foreign influence. The judge specifically cited the applicant's history of soliciting prostitutes and his continued romantic relationship with the Thai national as the basis for the denial.

Ultimately, the judge determined that the applicant failed to mitigate the concerns associated with both his personal conduct and the potential for foreign influence. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant solicited prostitutes in South Korea and Thailand between 1999 and 2013.
The applicant has ongoing contact with a Thai national, a former prostitute, whom he considers romantically involved.
The applicant failed to mitigate the personal conduct and foreign influence concerns raised against him.

Conditions Referenced

Disqualifying

E2.A2.1raisedForeign Influence
E2.A2.2raisedForeign Influence
B1.1raisedPersonal Conduct
B1.2raisedPersonal Conduct

Procedural Posture

SOR issuedJun 28, 2017
Answer filed—
Hearing held—
Decision dateJun 29, 2018

Cite For

Failure to Mitigate Personal Conduct Concerns Related to Solicitation of Prostitutes
Failure to Mitigate Foreign Influence Concerns Due to Ongoing Contact with a Foreign National
Denial of Security Clearance Based on Personal Conduct and Foreign Influence Guidelines

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: denied

The judge found that the applicant's ongoing romantic relationship with a Thai national raised significant foreign influence concerns. The applicant failed to mitigate these concerns, leading to a denial of his security clearance.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant has ongoing contact with a Thai national, a former prostitute, with whom he considers himself romantically involved.	Against Applicant	Cohabitation with Foreign National Immediate Family	Thailand	Denied	—	—	—

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

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant failed to mitigate personal conduct concerns related to solicitation of prostitutes in South Korea and Thailand from 1999 to 2013. The decision resulted in a denial of the applicant's security clearance due to these unresolved personal conduct issues.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant solicited prostitutes in South Korea and Thailand between 1999 and 2013.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). 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: ) ) ) ISCR Case No. 17-01558 ) Applicant for Security Clearance )

For Government: Nicole A. Smith, Esq., Department Counsel For Applicant: Pro se

06/29/2018 ______________

STATEMENT OF CASE

______________

NOEL, Nichole L., Administrative Judge:

Applicant contests the Department of Defense’s (DOD) intent to deny his continued eligibility for a security clearance. Applicant failed to mitigate the personal conduct concerns raised by his solicitation of prostitutes in South Korea and Thailand between 1999 and 2013. He also failed to mitigate the foreign influence concerns raised by his ongoing contact with a Thai national, a former prostitute, with whom Applicant considers himself romantically involved. Continued access to classified information is denied.

Statement of the Case

On June 28, 2017, the DOD issued a Statement of Reasons (SOR) detailing security concerns under the personal conduct and foreign influence guidelines.1 DOD adjudicators were unable to find that it is clearly consistent with the national interest to grant Applicant’s security clearance and recommended his case be submitted to an administrative judge for consideration.

FOOTNOTES

1 The DOD CAF acted under Executive Order (EO) 10865, Safeguarding Classified Information within Industry, signed by President Eisenhower on February 20, 1960, as amended; as well as DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, dated January 2, 1992, as amended (Directive), and the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, implemented on June 8, 2017.