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ISCR Case 15-07069.h1 — CASE

ISCR Case 15-07069.h1granted

Case Headnote

ISCR Case No. 15-07069.h1

grantedOct 23, 2017· Hon. Candace Le'i Garcia· hearing

Summary

A 65-year-old U.S. citizen and defense contractor was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons cited his third wife and her son, both native-born Ukrainian citizens, residing with him in the United States. Additionally, her parents, also Ukrainian citizens, resided in Ukraine.

The primary concern stemmed from his ex-wife and her family, who were Ukrainian citizens. However, the applicant divorced his third wife in August 2017. Since the divorce, he has had no contact with his ex-wife, her son, or her parents.

The decision to grant the clearance was based on the finding that the applicant had no remaining ties to Ukraine after his divorce. He demonstrated reliability, trustworthiness, and good judgment, with the favorable evidence outweighing any unfavorable evidence.

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 issuedMay 6, 2016
Answer filedMay 18, 2016
Hearing heldSep 18, 2017
Decision dateOct 23, 2017Proposed 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.

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had previously lived with a foreign national from Ukraine but had no remaining ties to Ukraine following a divorce. The judge concluded that the applicant's reliability and trustworthiness outweighed any foreign influence concerns, resulting in a decision to grant the security clearance.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Military or Government Service · U.S. Career or Business

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	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.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ukraine	Denied	—	—	—
1.b–1.i	8 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

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.