Summary
A 33-year-old naturalized U.S. citizen and hardware engineer was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). These concerns stemmed from his past connections to the Dominican Republic (DR) and prior military service.
Specifically, the applicant served as an officer in the Dominican Republic Air Force (DRAF) from 2002 to 2015, reaching the rank of captain. This service continued after he became a naturalized U.S. citizen in 2012, raising disqualifying conditions related to foreign allegiance and preference.
However, the applicant successfully mitigated these concerns. He formally renounced his Dominican Republic citizenship and surrendered his passport. Additionally, he resigned his commission from the DRAF Reserve to eliminate potential security issues. The judge determined that these actions, combined with the absence of evidence indicating the Dominican Republic poses a national security risk, demonstrated his loyalty to the U.S., leading to the clearance being granted.
Why the applicant prevailed
- Applicant renounced his Dominican Republic citizenship and surrendered his passport.
- He resigned his commission in the Dominican Republic Air Force Reserve to eliminate potential security issues.
- There is no evidence that the Dominican Republic poses a national security risk.
Conditions referenced
- AG ¶ 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
- AG ¶ 10(d)raisedParticipation in Foreign Activities, Including but Not Limited To: Assuming or Attempting to Assume Any Type of Employment, Position, or Political Office in a Foreign Government or Military Organization
- AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual and the Interests of the U.S.
- AG ¶ 11(a)appliedThe Foreign Citizenship Is Not in Conflict with U.S. National Security Interests
- AG ¶ 11(c)appliedThe Individual Has Expressed a Willingness to Renounce the Foreign Citizenship That Is in Conflict with U.S. National Security Interests
Key rule quoted
“"Eligibility for access to classified information may be granted 'only upon a finding that it is clearly consistent with the national interest to do so.'"”
Procedural posture
- SOR issuedSep 21, 2015
- Answer filedOct 15, 2015
- Hearing heldJan 25, 2017
- Decision dateJan 31, 2018
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Foreign Preference Concerns Under Guideline C
- Consideration of the Whole-person Concept in Security Clearance Decisions.