ISCR Case 07-18733.h1

Case Headnote

ISCR Case No. 07-18733.h1

grantedJul 1, 2007· Hon. LeRoy F. Foreman· hearing

Summary

A 35-year-old linguist, originally from Afghanistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to his family ties in Afghanistan and Pakistan. The Statement of Reasons detailed that the applicant's mother, two sisters, and a brother are citizens and residents of Afghanistan, with his brother employed by the Afghan government. Additionally, his father-in-law is an Afghan citizen and government employee. The applicant regularly sent his mother approximately $300 per month.

Further allegations included the applicant's travel to Afghanistan on four occasions between 2005 and 2007. His spouse's uncle, an Afghan citizen residing in Pakistan, was visited by the applicant at least three times, and his spouse's grandmother is also an Afghan citizen residing in Pakistan. These facts raised disqualifying conditions under Guideline B.

However, the judge applied mitigating conditions, noting the applicant's exemplary performance and reliability as a linguist for U.S. military forces. Crucially, the applicant's family members were unaware of his specific work with U.S. military forces, which significantly reduced the risk of foreign influence or coercion. The financial support provided to his mother was considered a normal familial obligation, lacking independent security significance. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated exemplary performance and reliability in his role as a linguist for U.S. military forces.
The applicant's family members were unaware of his work with U.S. military forces, reducing the risk of coercion or pressure.
The applicant's financial support to his mother was viewed as a normal familial obligation without independent security significance.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with a Person Creating Risk of Foreign Inducement

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's close contact with family members in Afghanistan did not mitigate the security concerns.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”

Procedural Posture

SOR issuedMar 6, 2008
Answer filedMar 18, 2008
Hearing heldJun 18, 2008
Decision dateSep 5, 2008

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Exemplary Service as a Factor in Security Clearance Decisions
The Significance of Family Members' Awareness of an Applicant's Work with U.S. Military Forces

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s mother is a citizen and resident of Afghanistan, and that Applicant sends his mother about $300 per month.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
1.b	Applicant’s two sisters are citizens and residents of Afghanistan.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
1.c	Applicant sends his mother about $300 per month.	For Applicant	Financial Support to Foreign Relative Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
1.d	Applicant’s brother is a citizen and resident of Afghanistan and is employed by the Afghan government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
1.e	Applicant’s father-in-law is a citizen and resident of Afghanistan and is a government employee.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
1.f	Applicant traveled to Afghanistan in March 2005, August 2005 through September 2005, January 2006 through May 2006, and April 2007.	For Applicant	Unspecified Foreign Relationship Other	Afghanistan HEIGHTENED RISK	Denied	—	—	—
1.g	Applicant’s spouse’s uncle is a citizen of Afghanistan residing in Pakistan, and that Applicant visited his spouse’s uncle at least three times.	For Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	—	—	—
1.h	Applicant’s spouse’s grandmother is a citizen of Afghanistan residing in Pakistan.	For Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of Afghanistan, and that Applicant sends his mother about $300 per month.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

—

1.b

Applicant’s two sisters are citizens and residents of Afghanistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

—

1.c

Applicant sends his mother about $300 per month.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

—

1.d

Applicant’s brother is a citizen and resident of Afghanistan and is employed by the Afghan government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

HEIGHTENED RISK

Admitted

—

1.e

Applicant’s father-in-law is a citizen and resident of Afghanistan and is a government employee.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

HEIGHTENED RISK

Admitted

—

1.f

Applicant traveled to Afghanistan in March 2005, August 2005 through September 2005, January 2006 through May 2006, and April 2007.

For Applicant

Unspecified Foreign Relationship

Other

Afghanistan

HEIGHTENED RISK

Denied

—

1.g

Applicant’s spouse’s uncle is a citizen of Afghanistan residing in Pakistan, and that Applicant visited his spouse’s uncle at least three times.

For Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

—

1.h

Applicant’s spouse’s grandmother is a citizen of Afghanistan residing in Pakistan.

For Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION