Summary
The applicant, a 46-year-old retired U.S. soldier employed by a defense contractor, is married to a citizen of the Republic of Korea (ROK). Despite some familial ties in the ROK, including two brothers, the applicant's limited contact with them and the absence of any ties to the ROK government mitigated security concerns under Guideline B. The applicant's security clearance was granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: In October 2002 Applicant was cohabiting with a citizen of the Republic of Korea who is now his wife (1.a). Applicant has contacts with his wife’s brothers (1.b). Applicant has contacts with a Turkish military officer (1.c). Applicant has contacts with a soldier in the ROK Army (1.d).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2. The judge applied mitigating conditions MC 1, MC 3. The decision turned on the following: The applicant's wife has no contact with her deceased mother's family and limited contact with her brothers, mitigating foreign influence concerns; The applicant's previous contacts with foreign military associates were infrequent and have ceased for several years; The applicant demonstrated strong loyalty to the U.S. and his military background, supporting the conclusion that he would not be influenced by foreign ties.
Why the Applicant Prevailed
- The applicant's wife has no contact with her deceased mother's family and limited contact with her brothers, mitigating foreign influence concerns.
- The applicant's previous contacts with foreign military associates were infrequent and have ceased for several years.
- The applicant demonstrated strong loyalty to the U.S. and his military background, supporting the conclusion that he would not be influenced by foreign ties.
Conditions Referenced
- DC 1raisedForeign Influence Due to Immediate Family Ties
- DC 2raisedSharing Living Quarters with a Foreign National
- MC 1appliedImmediate Family Members Are Not Agents of a Foreign Power
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
Key Rule Quoted
“Family ties with persons in a foreign country are not, as a matter of law, automatically disqualifying under Guideline B.”
Procedural Posture
- SOR issuedJul 21, 2005
- Answer filedJul 27, 2005
- Hearing heldApr 17, 2007
- Decision dateMay 3, 2007
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Impact of Limited Foreign Family Ties on Security Clearance Decisions
- Consideration of Applicant's Loyalty and Military Background in Clearance Evaluations