Summary
The applicant, a 38-year-old U.S. citizen originally from Afghanistan, sought a security clearance under Guidelines B (Foreign Influence) and F (Financial Considerations). He had significant ties to the U.S. and a commendable history of service as a translator for U.S. forces in Afghanistan. Despite facing financial difficulties due to fraud and unemployment, he demonstrated responsible behavior and a commitment to resolving his debts. The judge found that the applicant's connections to the U.S. outweighed any foreign influence concerns, leading to a granted security clearance.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s spouse is a citizen of Afghanistan, who resides in the United States as a registered alien. He became divorced in 2008. He does not stay in contact with his former spouse’s family living in Afghanistan (2.a). Applicant’s sister is a citizen of Afghanistan, who resides in the United States as a registered alien. His sister was born in Afghanistan, became a U.S. citizen in 2008, and now lives in the United States (2.b). Applicant has extended family members who are citizens of Afghanistan and who reside in Afghanistan. Applicant has an uncle who is serving with the U.S. Army as a contract linguist in Afghanistan. His uncle is a U.S. citizen. Applicant’s brother is a U.S. citizen, who lives in Afghanistan. His brother lives in the Afghan capital and works on research projects and as a security analyst for private firms. His brother also works closely with an agency that is under U.S. State Department supervision. His brother has not been threatened and is not protected by a security detail. Although Applicant is in regular contact with his brother, he has not talked to his uncle in about two years (2.c). Applicant has friends who are citizens and residents of Afghanistan. Applicant has some acquaintances in Afghanistan from his visit in 2004; however, he does not maintain contact with them. His relationship with the acquaintances living in Afghanistan is not close, and he did not maintain any friendships with citizens and residents of Afghanistan over the last five years (2.d). judgment—$7,610 (1.a). tax lien—$3,230 (1.b). collection account—$474 (1.c). collection account—$269 (1.d). collection account—$166 (1.e). repossession—$34,000 (1.f). 2007 judgment for fraud—$17,500 (1.g). collection account—$171 (1.h). collection account—$599 (1.i). collection account—$399 (1.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 18, AG ¶ 6. The judge applied mitigating conditions AG ¶ 20, AG ¶ 17. The decision turned on the following: The applicant has greater ties to the U.S. than to Afghanistan; He provided credible evidence of his commitment to resolving his financial issues; His service as a translator for U.S. forces was highly regarded by military officials.
Why the Applicant Prevailed
- The applicant has greater ties to the U.S. than to Afghanistan.
- He provided credible evidence of his commitment to resolving his financial issues.
- His service as a translator for U.S. forces was highly regarded by military officials.
Conditions Referenced
- AG ¶ 18raisedFinancial Considerations
- AG ¶ 6raisedForeign Influence
- AG ¶ 20appliedFinancial ConsiderationsThe applicant acted responsibly under the circumstances of his financial difficulties.
- AG ¶ 17appliedForeign InfluenceThe applicant's ties to the U.S. and his service mitigate foreign influence concerns.
Key Rule Quoted
“"The security clearance decision is a determination that an individual is eligible for access to classified information, and it is based on the whole person concept."”
Procedural Posture
- SOR issuedMay 8, 2009
- Answer filedMay 20, 2009
- Hearing heldAug 11, 2009
- Decision dateNov 20, 2009
Cite For
- Mitigation of Financial Considerations Under AG ¶ 20
- Mitigation of Foreign Influence Concerns Under AG ¶ 17
- Whole Person Concept in Security Clearance Determinations