Summary
A 39-year-old information technology systems administrator was granted a security clearance despite concerns raised under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons cited the applicant's past associations with individuals linked to the Provisional Irish Republican Army (PIRA).
Specifically, the allegations included maintaining a relationship from 2000 to at least 2002 with an Irish citizen and PIRA member incarcerated in a U.S. prison for an illegal weapons procurement operation. The applicant was also alleged to have informed this individual of a security clearance investigation and identified himself as an "Irish Republican activist" in August 2001. Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 16(d), ¶ 16(e), and ¶ 16(g) were raised.
However, the judge applied mitigating conditions under AG ¶ 20(a), ¶ 20(b), and ¶ 20(c). The applicant demonstrated strong community ties and positive character references. His political activities were found to be legitimate and not indicative of support for violence, and there was an absence of current ties to any disqualifying organizations. Ultimately, the judge concluded that the applicant's past activities and relationships did not pose a security risk, and the clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated strong community ties and positive character references from multiple witnesses.
- His political activities were deemed legitimate and not indicative of support for violence or criminal activity.
- The applicant's past associations were mitigated by the absence of current ties to any disqualifying organizations.
Conditions Referenced
- AG ¶ 16(d)raisedQuestionable Judgment, Untrustworthiness, Unreliability
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
- AG ¶ 20(a)appliedThe Behavior Was Infrequent or Minor
- AG ¶ 20(b)appliedThe Passage of Time Since the Conduct
- AG ¶ 20(c)appliedEvidence of Rehabilitation or Changed Circumstances
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedJan 11, 2007
- Answer filedJan 31, 2007
- Hearing heldApr 2, 2008
- Decision dateApr 28, 2008
Cite For
- Mitigation of Personal Conduct Under Guideline E
- Evaluation of Foreign Influence Under Guideline B
- Consideration of Community Character References in Security Clearance Decisions