ISCR Case 15-05336.h1

Case Headnote

ISCR Case No. 15-05336.h1

grantedApr 12, 2018· Hon. Robert J. Kilmartin· hearing

Summary

This case concerns a 37-year-old U.S. Air Force veteran seeking security clearance, addressing concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). Foreign influence concerns stemmed from his father-in-law, a retired Filipino Air Force Brigadier General and intelligence chief, and his brother-in-law, a high school discipline coordinator and basketball coach in the Philippines. The applicant mitigated these concerns by demonstrating limited contact with his foreign family members. Additionally, his wife is pursuing U.S. citizenship and plans to renounce her Filipino citizenship.

Regarding financial considerations, the applicant faced several allegations. These included an $8,411 bank loan for medical treatment, which he paid despite not receiving the service, and another bank loan obtained during his divorce, now in a repayment plan. Other debts included a joint credit card debt, a credit card delinquency from a previous marriage that has been paid off, and two cell phone service debts, one for $616, both of which have been resolved.

Further financial issues involved a security system debt incurred when he was unable to return equipment after separating from the Air Force, which is now fully resolved. He also had a loan for over $9,000 taken out upon separating from the Air Force, which he paid off through a debt relief agency, and a delinquent insurance debt from 2011 that he resolved upon discovery. The applicant demonstrated financial responsibility by resolving most of these delinquencies prior to the hearing. As a result, the judge granted the applicant eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated limited contact with foreign family members, mitigating foreign influence concerns.
He resolved most financial delinquencies prior to the hearing, showing financial responsibility.
The applicant's wife is applying for U.S. citizenship and intends to renounce her Filipino citizenship.

Conditions Referenced

Disqualifying

AG ¶ 6raisedForeign Influence
AG ¶ 20raisedFinancial Considerations

Mitigating

AG ¶ 17appliedForeign Influence
AG ¶ 20appliedFinancial Considerations

Key Rule Quoted

“Adjudication under this Guideline can and should consider the identity of the foreign country in which the foreign contact or financial interest is located, including, but not limited to, such considerations as whether the foreign country is known to target United States citizens to obtain protected information and/or is associated with a risk of terrorism.”

Procedural Posture

SOR issuedMar 19, 2016
Answer filedMay 2, 2016
Hearing heldMar 29, 2018Originally scheduled for October 30, 2017, but rescheduled due to counsel's request.
Decision dateApr 12, 2018

Cite For

Mitigation of Foreign Influence Under Guideline B
Resolution of Financial Delinquencies Under Guideline F
Consideration of Family Ties and Citizenship Status in Security Clearance Cases

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
2.a	Applicant's father-in-law is a retired Brigadier General, and intelligence chief, in the Filipino Air Force.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Philippines HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Severed Foreign Contact
2.b	Applicant's brother-in-law is a discipline coordinator for a private high school in PI and a basketball coach.	For Applicant	Sibling in Foreign Country Immediate Family	Philippines HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Severed Foreign Contact
2.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's father-in-law is a retired Brigadier General, and intelligence chief, in the Filipino Air Force.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Philippines

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Severed Foreign Contact

2.b

Applicant's brother-in-law is a discipline coordinator for a private high school in PI and a basketball coach.

For Applicant

Sibling in Foreign Country

Immediate Family

Philippines

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Severed Foreign Contact

2.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	SOR ¶ 2.a is a bank loan in the amount of $8,411 that Applicant obtained for a medical treatment, which he paid for but never received. $8,411	For Applicant	Personal Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
2.b	SOR ¶ 2.b is a bank loan that Applicant obtained during his divorce. It is enrolled in a repayment plan with his debt repair agency.	For Applicant	Personal Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with Creditor
2.c	SOR ¶ 2.c is a joint credit-card debt.	For Applicant	Credit Card Debt	Denied	—	—	Claimed Debt Disputed with Creditor
2.d	SOR ¶ 2.d is a credit-card delinquency from Applicant’s previous marriage. It has been paid off.	For Applicant	Credit Card Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
2.e	SOR ¶ 2.e is a cell phone service debt for $616. Applicant paid if off. $616	For Applicant	Utility or Phone Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
2.f	SOR ¶ 2.f is another cell phone service debt that has been resolved.	For Applicant	Utility or Phone Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
2.g	SOR ¶ 2.g is a debt Applicant incurred for a security system, which he had at his apartment. When he separated from the AF and was preparing to deploy to Iraq as a civilian, he was unable to return some security equipment. It is now fully resolved.	For Applicant	Unspecified Financial	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
2.h	SOR ¶ 2.h is for a loan that Applicant took out for over $9,000 when he was separating from the AF. He enrolled this delinquent debt with his debt relief agency and paid it off. $9,000	For Applicant	Personal Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
2.i	SOR ¶ 2.i is a delinquent insurance debt. Applicant didn’t realize that he had one more payment remaining before he deployed to Iraq in 2011. Once he found out about it, he sent the creditor a check and resolved it.	For Applicant	Unspecified Financial	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

SOR ¶ 2.a is a bank loan in the amount of $8,411 that Applicant obtained for a medical treatment, which he paid for but never received.

$8,411

For Applicant

Personal Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

2.b

SOR ¶ 2.b is a bank loan that Applicant obtained during his divorce. It is enrolled in a repayment plan with his debt repair agency.

For Applicant

Personal Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Payment Plan with Creditor

2.c

SOR ¶ 2.c is a joint credit-card debt.

For Applicant

Credit Card Debt

Denied

—

Claimed

Debt Disputed with Creditor

2.d

SOR ¶ 2.d is a credit-card delinquency from Applicant’s previous marriage. It has been paid off.

For Applicant

Credit Card Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

2.e

SOR ¶ 2.e is a cell phone service debt for $616. Applicant paid if off.

$616

For Applicant

Utility or Phone Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

2.f

SOR ¶ 2.f is another cell phone service debt that has been resolved.

For Applicant

Utility or Phone Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

2.g

SOR ¶ 2.g is a debt Applicant incurred for a security system, which he had at his apartment. When he separated from the AF and was preparing to deploy to Iraq as a civilian, he was unable to return some security equipment. It is now fully resolved.

For Applicant

Unspecified Financial

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

2.h

SOR ¶ 2.h is for a loan that Applicant took out for over $9,000 when he was separating from the AF. He enrolled this delinquent debt with his debt relief agency and paid it off.

$9,000

For Applicant

Personal Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

2.i

SOR ¶ 2.i is a delinquent insurance debt. Applicant didn’t realize that he had one more payment remaining before he deployed to Iraq in 2011. Once he found out about it, he sent the creditor a check and resolved it.

For Applicant

Unspecified Financial

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FOOTNOTES