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ISCR Case 16-00600.h1 — CASE

ISCR Case 16-00600.h1granted

Case Headnote

ISCR Case No. 16-00600.h1

grantedJun 16, 2017· Hon. Jennifer I. Goldstein· hearing

Summary

A naturalized U.S. citizen was granted a security clearance despite concerns raised under Guideline C (Foreign Preference). The Statement of Reasons alleged that the applicant renewed and used his French passport after becoming a U.S. citizen in July 2012, triggering Disqualifying Condition C.1.

However, the judge applied several mitigating conditions, including C.9, C.11(a), C.11(b), C.11(e), and C.11(f). The applicant successfully demonstrated that his use of a foreign passport did not create doubt regarding his reliability or trustworthiness.

Ultimately, the judge applied the whole-person concept, finding that the favorable evidence outweighed the unfavorable evidence. The decision concluded that the applicant's actions did not undermine his reliability or trustworthiness, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant demonstrated that his use of a foreign passport did not create doubt about his reliability and trustworthiness.
The judge applied the whole-person concept in evaluating the evidence.
The favorable evidence outweighed the unfavorable evidence.

Conditions Referenced

Disqualifying

C.1raisedForeign Preference

Mitigating

C.9appliedMitigating Condition 9
C.11(a)appliedMitigating Condition 11(a)
C.11(b)appliedMitigating Condition 11(b)
C.11(e)appliedMitigating Condition 11(e)
C.11(f)appliedMitigating Condition 11(f)

Key Rule Quoted

“security clearance decisions must be based on current DoD policy and standards”
— ISCR Case No. 02-00305 at 3 (App. Bd. Feb. 12, 2003)

Procedural Posture

SOR issuedJun 16, 2016
Answer filedOct 11, 2016
Hearing heldJan 12, 2017
Decision dateJun 16, 2017

Cite For

Evaluation of Foreign Preference Under Guideline C
Application of Whole-person Concept in Security Clearance Decisions
Criteria for Summary Disposition in Favor of the Applicant

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 found that the applicant's possession and use of a foreign passport did not raise concerns about his reliability or trustworthiness. The evidence presented was deemed sufficient to mitigate the security concerns under Guideline C, leading to a favorable decision for the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant renewed and used his French passport after becoming a naturalized U.S. citizen in July 2012.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern (f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk	—

Descriptive standardized rendering of a decided public case (Guideline C). 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. 16-00600 ) Applicant for a Security Clearance )

For Government: Aubrey De Angelis, Esq., Department Counsel For Applicant: Pro se

June 16, 2017

______________

DECISION

______________

Goldstein, Jennifer I., Administrative Judge:

Applicant submitted an Electronic Questionnaire for Investigations Processing (e- QIP) on August 25, 2015. On June 16, 2016, after reviewing the application and information gathered during a background investigation, the Department of Defense Consolidated Adjudications Facility issued a Statement of Reasons (SOR) detailing the security concerns under Guideline C (Foreign Preference) relating to France. The action was taken under Executive Order 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) effective within the Department of Defense on September 1, 2006.

Applicant answered the SOR in writing on October 11, 2016, and requested a hearing before an administrative judge. The case was assigned to me on December 5, 2016. The hearing was held as scheduled on January 12, 2017. The Government offered Government Exhibits 1 and 2, which were admitted without objection. Applicant testified on his own behalf. On December 10, 2016, the Security Executive Agent issued Directive 4 (SEAD- 4), establishing a “single, common adjudicative criteria for all covered individuals who require initial or continued eligibility for access to classified information or eligibility to hold a sensitive position.”1 The National Security Adjudicative Guidelines (hereinafter “adjudicative guidelines” or “AG”), which are found at Appendix A to SEAD-4, are to be used in security clearance determinations made on or after June 8, 2017.2 In light of this explicit direction and absent lawful authority to the contrary, I have applied the adjudicative guidelines. ISCR Case No. 02-00305 at 3 (App. Bd. Feb. 12, 2003) (security clearance decisions must be based on current DoD policy and standards).3

After reviewing the record, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor based on the current applicable AG.4 Applicant did not object. Department Counsel provided written notice on June 13, 2017, that Department Counsel did not object. (Hearing Exhibit I.) Based on the record evidence as a whole, I conclude that Department Counsel presented sufficient evidence to establish the facts alleged in the SOR under Guideline C.

Under Guideline C, Applicant was alleged to have renewed and used his French passport after becoming a naturalized U.S. citizen in July 2012. The security concerns are mitigated under AG ¶¶ 9, 11(a), 11(b), 11(e), and 11(f).

The concerns over Applicant’s possession and use of a 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 whether the favorable evidence outweighed the unfavorable evidence or vice versa. I also gave due consideration to the whole-person concept.

Accordingly, I conclude that Applicant met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him a security clearance. This case is decided for Applicant. National security eligibility is granted.

Jennifer I. Goldstein Administrative Judge

FOOTNOTES

1 SEAD-4, ¶ B, PURPOSE.

2 SEAD-4, ¶¶ C APPLICABILITY; E (at 1 and 8), POLICY; and F, EFFECTIVE DATE.

3 See also ISCR Case No. 07-00029 at 3 (App. Bd. Dec. 7, 2007) (when the guidelines were last revised, the Board stated the following, “Quasi-judicial adjudications must be made within the bounds of applicable law and agency policy, not without regard to them.”)

4 Summary Disposition is appropriate in cases where the undisputed evidence justifies a favorable decision of the case, with no potential appellate issues. This decision is issued in accordance with instructions from the Director, DOHA, contained in an email dated November 12, 2016.