A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-06913.h1
GrantedDecided Nov 22, 2016 · Administrative Judge Francisco Mendez · Hearing
Case headnote
Summary
The applicant, a defense industry employee with familial ties in Turkey, sought a security clearance under Guideline B concerning foreign influence. The judge found that the applicant established strong ties to the U.S. and demonstrated the ability to protect classified information, leading to a favorable decision.
Why the applicant prevailed
- Applicant established deep and longstanding relationships in the U.S., including family and employment.
- Applicant demonstrated a commitment to safeguarding U.S. information against foreign influence attempts.
- The judge applied the whole-person concept, weighing favorable evidence against security concerns.
Conditions referenced
Mitigating
- AG ¶ 8(b) Mitigating Condition 8(b)applied
Key rule quoted
“The applicant met his heavy 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
- April 6, 2016
- Answer filed
- Hearing held
- September 13, 2016 Hearing conducted with no objections from the Government.
- Decision date
- November 22, 2016
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Application of Whole-person Concept in Security Clearance Decisions
- Criteria for Establishing Strong Ties to the U.S.
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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.
Allegations under Guideline B
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4 rows in this decision.
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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: ) ) REDACTED ) ISCR Case No. 15-06913 ) ) Applicant for Security Clearance
For Government: Daniel F. Crowley, Esq., Department Counsel For Applicant: Pro se
11/22/2016 ______________
Decision
______________
MENDEZ, Francisco, Administrative Judge:
On April 6, 2016, the Department of Defense (DOD) Consolidated Adjudications Facility (CAF) sent Applicant a Statement of Reasons (SOR) alleging that his familial and other personal connections and contacts in Turkey raised a security concern under the foreign influence guideline.1 Applicant answered the SOR and requested a hearing to establish his eligibility for access to classified information.
On September 13, 2016, I convened a hearing. After receipt of the transcript and the record closed, I provided written notice to the parties of my intent to resolve the case through a summary disposition in Applicant’s favor. Department Counsel indicated that the Government did not object to my proposed resolution of the matter in this fashion. See Appellate Exhibit I.
Applicant mitigated the heightened foreign influence security concerns raised by his foreign connections and contacts. Specifically, Applicant established that if a foreign government or entity attempted to use his foreign connections and contacts to obtain classified information that, notwithstanding the obvious difficulty, he would repel any such attempt and resolve the conflict in favor of protecting U.S. information. In reaching this conclusion, I found that Applicant has, in a relatively short period of time, established deep and longstanding relationships and loyalties in the United States, to include a family, home, and a well-paying job in the defense industry. The mitigating condition listed at AG ¶ 8(b) applies and, together with several whole-person factors, including a track record of proper handling and safeguarding sensitive information, mitigates the foreign influence security concern.
In evaluating the security concern at issue, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence or vice versa. I also gave due consideration to the whole-person concept and considered the country at issue. After considering the entire record evidence, I conclude that Applicant met his heavy burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information. Applicant’s request for a security clearance is granted.
____________________ Francisco Mendez Administrative Judge
Footnotes
1 This action was taken under Executive Order (E.O.) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the Adjudicative Guidelines (AG) implemented by the Department of Defense on September 1, 2006.