Summary
A 29-year-old dual U.S. and Italian citizen was denied a security clearance due to concerns under Guideline C (Foreign Preference) and Guideline H (Drug Involvement). The applicant obtained Italian citizenship in 2011 and possessed a valid Italian passport, which he used for international travel in 2011 and 2012. He also utilized his Italian citizenship to receive healthcare benefits and "non-foreign status" while employed as a professional baseball player in Italy. These actions triggered disqualifying conditions related to foreign preference.
Additionally, the applicant admitted to purchasing and using marijuana with varying frequency from May 2005 to December 2014. While the judge found that the applicant's marijuana use was mitigated by conditions such as AG ¶ 26(a) and AG ¶ 26(b), the foreign preference concerns were not sufficiently addressed.
Specifically, the applicant's possession of a valid Italian passport and his demonstrated preference for Italy were not adequately explained or mitigated. The applicant failed to show that his Italian passport had been destroyed or invalidated, preventing the application of mitigating condition AG ¶ 11(d). Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant possessed a valid Italian passport, triggering disqualifying condition AG ¶ 10(a)(1).
- The applicant's actions indicated a preference for Italy, which raised security concerns under Guideline C.
- The applicant did not demonstrate that his Italian passport had been destroyed or invalidated, preventing the application of mitigating condition AG ¶ 11(d).
Conditions Referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(a)(3)raisedAccepting Medical Benefits From a Foreign Country
- AG ¶ 25(a)raisedAny Drug Abuse (use of Illegal Drugs)
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Purchase and Sale
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“No one has a right to a security clearance.”
Procedural Posture
- SOR issuedFeb 10, 2016
- Answer filedApr 25, 2016Applicant requested a decision based on the written record without a hearing.
- Hearing held—No hearing was held.
- Decision dateMar 30, 2017
Cite For
- Disqualifying Conditions Under Guideline C for Foreign Preference
- Mitigating Conditions Under Guideline H for Drug Involvement
- The Burden of Proof in Security Clearance Cases as Established in Egan