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ISCR 15-05082.h1: Guideline C security clearance hearing, granted (2016) · CASE

ISCR Case 15-05082.h1granted

Case headnote

ISCR Case No. 15-05082.h1

grantedDec 21, 2016· Hon. Robert E. Coacher· hearing

Summary

Security clearance was granted to an applicant who initially faced concerns under Guideline C (Foreign Preference) due to possessing a current Irish passport. The government's primary allegation was the applicant's possession of this foreign passport.

To mitigate these concerns, the applicant surrendered his Irish passport to his employer's facility security officer in May 2016. This action was considered a mitigating condition under Adjudicative Guideline 11(d).

The judge determined that the concerns related to the surrendered passport no longer cast doubt on the applicant's reliability and trustworthiness. Consequently, the applicant successfully met the burden of persuasion, demonstrating that granting the security clearance was consistent with national interest.

Why the applicant prevailed

Applicant surrendered his Irish passport to his employer's facility security officer in May 2016.
The judge found that the concerns over the surrendered passport did not create doubt about the applicant's reliability and trustworthiness.
The applicant met his burden of persuasion to show that granting clearance was consistent with national interest.

Conditions referenced

Mitigating

AG ¶ 11(d)appliedMitigating Condition 11(d)The applicant's surrender of his foreign passport mitigated the security concern.

Key rule quoted

“The favorable evidence outweighed the unfavorable evidence.”

Procedural posture

SOR issuedFeb 6, 2016
Answer filedFeb 29, 2016Applicant requested an administrative determination.
Hearing heldDec 13, 2016Summary disposition proposed.
Decision dateDec 21, 2016

Cite for

Mitigation of Foreign Preference Concerns Under Guideline C
Surrender of Foreign Passport as a Mitigating Factor
Whole-person Concept 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 C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge addressed concerns regarding the applicant's possession of a foreign passport, specifically an Irish passport. The applicant provided evidence that he surrendered the passport to his employer's facility security officer in May 2016, which the judge found mitigated the security concerns under Guideline C.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation

Descriptive standardized rendering of a decided public case. 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

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case No. 15-05082 ) Applicant for Security Clearance )

Appearances

For Government: Robert J. Kilmartin, Esq., Department Counsel For Applicant: Pro se

12/21/2016 ______________

Decision

______________

COACHER, Robert E., Administrative Judge:

On February 6, 2016, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline C, foreign preference. The action was taken 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 (AG) implemented by the DOD on September 1, 2006.

Applicant responded (Answer) to the SOR on February 29, 2016, and requested an administrative determination in lieu of a hearing. I was assigned the case on December 12, 2016. On December 13, 2016, after reviewing the SOR, the Answer, the Government’s File of Relevant material (FORM), and Applicant’s response to the FORM (marked as Applicant Exhibit (AE) A), I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.

The Government’s concern under Guideline C is that Applicant possessed a current Irish passport. Applicant presented documentary evidence showing that he turned the passport over to his employer’s facility security officer (FSO) in May 2016. Based on the record evidence as a whole, I conclude that the security concern is mitigated under mitigating condition AG ¶ 11(d).

The concerns over Applicant’s surrendered foreign passport do not create 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 his eligibility for access to classified information. This case is decided for Applicant.

________________________ Robert E. Coacher Administrative Judge