Summary
The applicant, a 50-year-old programmer for a federal contractor, faced security concerns under Guideline B due to family ties in South Korea, including a brother and husband who are citizens of Korea. Despite her admissions regarding these ties, she did not provide mitigating evidence to address the government's concerns about foreign influence. Consequently, her application for a security clearance was denied.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s brother is a citizen and resident of the Republic of South Korea (hereinafter “Korea”) (1.a). Her husband and two sons are citizens of Korea residing in the United States (1.b). Her mother, a brother, and two sisters are citizens of Korea living in the United States (1.c). She traveled to Korea in 1999 when her father became ill with cancer, and again in 2000 for his funeral (1.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The decision turned on the following: Applicant did not submit mitigating evidence to address security concerns about foreign influence; The government established disqualifying conditions under Guideline B due to the applicant's close family ties to South Korea; Applicant's admissions regarding her family's citizenship and residency in South Korea raised significant security concerns.
Why the Applicant Was Denied
- Applicant did not submit mitigating evidence to address security concerns about foreign influence.
- The government established disqualifying conditions under Guideline B due to the applicant's close family ties to South Korea.
- Applicant's admissions regarding her family's citizenship and residency in South Korea raised significant security concerns.
Conditions Referenced
- AG ¶ 7(a)appliedContact with a Foreign Family Member
- AG ¶ 7(b)appliedConnections to a Foreign Government
- AG ¶ 7(d)appliedSharing Living Quarters with Foreign Nationals
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedDec 5, 2006
- Answer filedDec 18, 2006
- Hearing held—Applicant requested a decision without a hearing.
- Decision dateDec 21, 2007
Cite For
- Denial of Clearance Due to Foreign Influence Under Guideline B
- Importance of Submitting Mitigating Evidence in Response to Security Concerns
- Impact of Family Ties in Foreign Countries on Security Clearance Eligibility