Summary
The applicant, a 51-year-old manufacturing engineer for a defense contractor, sought a security clearance under Guideline B due to a past romantic relationship with a Taiwanese citizen. The applicant admitted to the allegations regarding his relationship but credibly asserted that he had terminated it prior to the hearing. The judge found that the applicant's assurances of severing ties were credible and accepted, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has a girlfriend who is a citizen and resident of Taiwan (1.a). His girlfriend has a brother and a sister-in-law who are citizens and residents of Taiwan (1.b). He met his girlfriend on the Internet in November 2005 (1.c). His girlfriend visited him in the U.S. in December 2005, in May 2006, in February 2007, and in July 2007 (1.d). He visited his girlfriend in Taiwan January 2007, April 2007, and December 2007 (1.e).
The judge granted the clearance. The government raised disqualifying conditions B.2.a. The judge applied mitigating conditions B.3.a, B.3.b, B.3.c. The decision turned on the following: The applicant credibly asserted that he terminated his relationship with his Taiwanese girlfriend; He shared his decision to end the relationship with his supervisor, demonstrating transparency; The applicant's coworkers and family attested to his honesty and trustworthiness.
Why the Applicant Prevailed
- The applicant credibly asserted that he terminated his relationship with his Taiwanese girlfriend.
- He shared his decision to end the relationship with his supervisor, demonstrating transparency.
- The applicant's coworkers and family attested to his honesty and trustworthiness.
Conditions Referenced
- B.2.araisedForeign Contacts and Interests May Be a Security Concern If the Individual Has Divided Loyalties or Foreign Financial Interests.
- B.3.aappliedThe Nature of the Applicant's Relationship with the Foreign National Was Not a Concern as It Was Terminated Prior to the Hearing.
- B.3.bappliedThe Applicant's Assurances of Severing Ties with the Foreign National Were Credible and Accepted.
- B.3.cappliedThe Applicant Has No Current Relationship with the Foreign National and No Residual Feelings of Affection for Her.
Key Rule Quoted
“The guidelines do not require administrative judges to place exclusive reliance on the enumerated disqualifying and mitigating conditions in the guidelines in arriving at a decision.”
Procedural Posture
- SOR issuedJun 8, 2009
- Answer filedJul 6, 2009
- Hearing heldSep 16, 2009
- Decision dateNov 30, 2009
Cite For
- Credibility of Applicant's Assurances Regarding Foreign Relationships
- Mitigating Factors Under Guideline B
- Evaluation of Foreign Influence Concerns in Security Clearance Cases