Summary
The applicant, a 46-year-old defense contractor and U.S. Army veteran, sought a security clearance under Guideline B (Foreign Influence) due to his marriage to a Korean national and family ties in Korea. The judge found that the applicant's strong ties to the U.S., including his children and assets, along with the nature of his relationships, mitigated concerns about foreign influence, leading to a favorable decision.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant is married to a Korean national (1.a). Applicant has in-laws who are Korean nationals (1.b). Applicant's wife has a bank account in Korea (1.c). Applicant's father-in-law is a retired senior officer in the Korean armed forces (1.d). Applicant's wife previously worked on the base where he is employed (1.e). Applicant has lived in Korea since 2008 (1.f). Applicant's children are American citizens living in the United States (1.g). Applicant has no assets in Korea and has significant financial assets in the U.S (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(d), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(f). The decision turned on the following: The applicant demonstrated strong ties to the U.S. through his children and assets; The applicant's relationships with his Korean family members were routine and did not pose a risk of coercion; Letters of recommendation highlighted the applicant's integrity and loyalty.
Why the Applicant Prevailed
- The applicant demonstrated strong ties to the U.S. through his children and assets.
- The applicant's relationships with his Korean family members were routine and did not pose a risk of coercion.
- Letters of recommendation highlighted the applicant's integrity and loyalty.
Conditions Referenced
- AG ¶ 7(a)raisedContact with a Foreign Family Member
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 7(e)raisedSubstantial Business or Financial Interest in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(f)appliedValue or Routine Nature of Foreign Interests
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 2, 2015
- Answer filedDec 17, 2015
- Hearing heldJun 22, 2016Record left open until July 29, 2016.
- Decision dateFeb 3, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Security Clearance Decisions
- Consideration of the Whole-person Concept in Adjudication.