ISCR Case 15-04498.h1

Case Headnote

ISCR Case No. 15-04498.h1

deniedOct 26, 2017· Hon. Francisco Mendez· hearing

Summary

A U.S. citizen, originally from Iraq, was denied a security clearance for a linguist position with the U.S. military. The denial was based on concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement).

The applicant's Statement of Reasons included allegations of foreign influence due to his parents, sister-in-law, uncle, and other extended family members being citizens and residents of Iraq. Additionally, the applicant used marijuana in 2014, was arrested and convicted for illegal possession of marijuana that year, and failed to report this use on his security clearance application.

While the judge found that the applicant's drug use and personal conduct concerns were mitigated, the foreign influence concerns related to his family in Iraq were not sufficiently addressed. The applicant did not present enough evidence to mitigate these concerns, and his familial ties to Iraq were deemed to pose a potential risk of foreign influence and manipulation. The applicant's relationship with his family in Iraq was not casual, and he provided limited evidence regarding his ties to the U.S., leading to the denial of the clearance.

Why the Applicant Was Denied

The applicant did not present sufficient evidence to mitigate foreign influence security concerns.
The applicant's familial ties to Iraq posed a potential risk of foreign influence and manipulation.
The applicant's relationship with his family in Iraq was not casual, and he provided limited evidence regarding his ties to the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons That Create Potential Conflict of Interest

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's relationships with family in Iraq were deemed significant enough to pose a risk.
AG ¶ 26(a)appliedPast Drug Use Was an Aberrational Event
AG ¶ 15appliedOmission of Material Information Not Deliberate

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 4, 2016
Answer filedMar 7, 2016
Hearing held—Case decided on written record.
Decision dateOct 26, 2017

Cite For

Foreign Influence Concerns Related to Familial Ties Under Guideline B
Mitigation of Drug Involvement Under Guideline H
Personal Conduct and Honesty in the Security Clearance Process Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s parents are citizens and residents of Iraq.	Against Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant’s sister-in-law is a citizen and resident of Iraq.	Against Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant’s uncle is a citizen and resident of Iraq.	Against Applicant	Extended Family in Foreign Country Extended Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.g	Applicant has other extended family members who are citizens and residents of Iraq.	Against Applicant	Extended Family in Foreign Country Extended Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents are citizens and residents of Iraq.

Against Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.e

Applicant’s sister-in-law is a citizen and resident of Iraq.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.f

Applicant’s uncle is a citizen and resident of Iraq.

Against Applicant

Extended Family in Foreign Country

Extended Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.g

Applicant has other extended family members who are citizens and residents of Iraq.

Against Applicant

Extended Family in Foreign Country

Extended Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant used marijuana in 2014 and failed to report such use on his SCA.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Drug Involvement	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant used marijuana in 2014 and failed to report such use on his SCA.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Drug Involvement

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant used marijuana in 2014.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	The applicant failed to report his marijuana use on his security clearance application.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
1.c	The applicant was arrested and convicted in 2014 for the illegal possession of marijuana.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.d	The applicant provided insufficient evidence to mitigate the concerns regarding his drug involvement.	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant used marijuana in 2014.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

The applicant failed to report his marijuana use on his security clearance application.

Against Applicant

Continued Use After Treatment

Admitted

—

1.c

The applicant was arrested and convicted in 2014 for the illegal possession of marijuana.

Against Applicant

Alcohol Related Arrest

Admitted

—

1.d

The applicant provided insufficient evidence to mitigate the concerns regarding his drug involvement.

Against Applicant

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The applicant used marijuana in 2014 and failed to report such use on his SCA.	For Applicant	Marijuana	Occasional	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The applicant used marijuana in 2014 and failed to report such use on his SCA.

For Applicant

Marijuana

Occasional

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES