A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-01558.h1
DeniedDecided Jun 29, 2018 · Administrative Judge Nichole L. Noel · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security clearance denial under Guideline B (Personal Conduct) and Guideline E (Foreign Influence) due to solicitation of prostitutes in South Korea and Thailand from 1999 to 2013, and ongoing romantic involvement with a Thai national, a former prostitute. The judge found that the applicant failed to mitigate the concerns raised by his conduct and foreign influence, leading to the denial of his security clearance.
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.A2.1 Foreign Influenceraised
- E2.A2.2 Foreign Influenceraised
- B1.1 Personal Conductraised
- B1.2 Personal Conductraised
Procedural posture
- SOR issued
- 06/28/2017
- Answer filed
- Hearing held
- Decision date
- 06/29/2018
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
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Allegations under Guideline B
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Allegations under Guideline E
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Full decision
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Decision text, by section
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.