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ISCR Case 15-06913.h1 — CASE

ISCR Case 15-06913.h1granted

Case Headnote

ISCR Case No. 15-06913.h1

grantedNov 22, 2016· Hon. Francisco Mendez· hearing

Summary

A defense industry employee was granted a security clearance despite concerns under Guideline B (Foreign Influence) due to familial and personal connections in Turkey. The Statement of Reasons specifically cited these ties as raising a security concern.

However, the judge applied mitigating conditions, noting the applicant's deep and longstanding relationships within the U.S., including family and employment. The applicant successfully demonstrated a commitment to safeguarding U.S. classified information from potential foreign influence attempts.

Ultimately, the judge applied the whole-person concept, weighing the favorable evidence against the initial security concerns. This led to the decision to grant the security clearance.

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)appliedMitigating Condition 8(b)Applicant demonstrated that he would repel any foreign attempts to obtain classified information.

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 issuedApr 6, 2016
Answer filed—
Hearing heldSep 13, 2016Hearing conducted with no objections from the Government.
Decision dateNov 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.

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's foreign connections and contacts in Turkey raised security concerns under Guideline B. However, the applicant successfully mitigated these concerns by demonstrating deep and longstanding ties to the United States, including family, home, and employment in the defense industry. The judge concluded that it was consistent with national interest to grant the applicant a security clearance.

U.S. ties the decision noted: U.S. Home or Property · U.S. Career or Business · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant has familial and other personal connections and contacts in Turkey that raise a security concern under the foreign influence guideline.	For Applicant	Unspecified Foreign Relationship Immediate Family	Turkey	Denied	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b–1.d	3 sub-charges — specific text not stated in this decision (for the applicant).	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: ) ) 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.