A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-07069.h1
GrantedDecided Oct 23, 2017 · Administrative Judge Candace Le'i Garcia · Hearing
Case headnote
Summary
The applicant, a 65-year-old U.S. citizen and defense contractor, faced security concerns under Guideline B due to foreign influence from his ex-wife and her family, who were Ukrainian citizens. Following his divorce in August 2017, the applicant had no remaining ties to Ukraine, leading to a favorable decision based on his reliability and trustworthiness.
Why the applicant prevailed
- The applicant had no remaining ties to Ukraine after his divorce.
- He demonstrated reliability, trustworthiness, and good judgment.
- The favorable evidence outweighed any unfavorable evidence.
Key rule quoted
“I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information.”
Procedural posture
- SOR issued
- May 6, 2016
- Answer filed
- May 18, 2016
- Hearing held
- September 18, 2017
- Decision date
- October 23, 2017 Proposed summary disposition in applicant's favor on October 5, 2017.
Cite for
- Absence of Foreign Influence After Divorce Under Guideline B
- Demonstration of Reliability and Trustworthiness in Security Clearance Cases
- Whole-person Concept Applied in Security Clearance Determinations.
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From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Applicant Age
- 65
- Years in Industry
- 3
- Prior Clearance
- held
- Bankruptcy
- none
Allegations under Guideline B
Reading the 9 per allegation rows needs a free account.
9 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
Appearances
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) ) ISCR Case No. 15-07069 ) Applicant for Security Clearance )
For Government: Tovah Minster, Esq., Department Counsel For Applicant: Pro se
10/23/2017 ______________
Decision
______________
GARCIA, Candace Le’i, Administrative Judge:
On May 6, 2016, the Department of Defense (DOD) issued a Statement of Reasons to Applicant detailing security concerns under Guideline B, foreign influence.1 Applicant responded to the SOR on May 18, 2016, and requested a hearing before an administrative judge. The case was assigned to me on August 14, 2017. The hearing was held as scheduled on September 18, 2017. On October 5, 2017, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant is a 65-year-old, native-born U.S. citizen who has worked as a consultant for a defense contractor since 2014. He served honorably in the U.S. military from 1970 until he retired in 2007. He was first granted a DOD security clearance in 1992. Applicant has been married and divorced three times. His most recent marriage ended in August 2017. At the time of the SOR, Applicant’s third wife and her son, both native-born citizens of Ukraine, were residing with Applicant in the United States. In addition, her parents, both Ukrainian citizens, resided in Ukraine. Applicant divorced in August 2017. Since the divorce, Applicant has not had any contact with his ex-wife, her son, and her parents.
Applicant does not have any remaining ties to Ukraine. AG ¶¶ 7(a) through 7(i) have not been raised by the evidence. There is no doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information. This case is decided for Applicant.
________________________ Candace Le’i Garcia Administrative Judge
Footnotes
1 This case is adjudicated under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines, which became effective on June 8, 2017.