ISCR Case 09-00164.h1

Case Headnote

ISCR Case No. 09-00164.h1

deniedMay 26, 2010· Hon. Matthew E. Malone· hearing

Summary

A 46-year-old translator for the U.S. military was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant had close family ties in Afghanistan and Pakistan, including his parents, brother, and sister residing in Afghanistan, and his in-laws, who are Afghan citizens, residing in Pakistan. He also provided approximately $1,200 to a cousin in 2005 for school construction in Afghanistan and traveled to Pakistan in 1998 and 2006. Additionally, the applicant illegally emigrated from Pakistan to the U.S. in 1989 using forged documents and served in the Afghan Army from June to August 1988.

The denial was also based on the applicant's repeated lack of candor regarding his Afghan Army service. He concealed this information by answering "no" to relevant questions on his e-QIP, during a September 2008 subject interview, and in February 2009 interrogatories from DOHA adjudicators. The government also cited his illegal immigration using forged documents as adverse personal conduct.

The judge determined that the applicant's family connections in Afghanistan and Pakistan posed a significant risk of foreign exploitation, and his consistent false statements about his military service undermined his trustworthiness. The applicant did not provide sufficient mitigating evidence to address these security concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's close family ties in Afghanistan and Pakistan created a heightened risk of foreign exploitation.
The applicant's repeated omissions and false statements regarding his military service demonstrated a lack of candor and trustworthiness.
The applicant failed to provide sufficient mitigating evidence to address the government's security concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedForeign Influence - Contact with Foreign Family Members
AG ¶ 16(a)appliedPersonal Conduct - Deliberate Omission or Concealment
AG ¶ 16(b)appliedPersonal Conduct - Providing False Information

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness and ability to protect classified information.”
— AG ¶ 15

Procedural Posture

SOR issuedJun 30, 2009
Answer filed—
Hearing heldFeb 23, 2010
Decision dateMay 26, 2010

Cite For

Security Concerns Regarding Foreign Family Ties Under Guideline B
Lack of Candor in Security Clearance Applications Under Guideline E
The Importance of Mitigating Evidence in Security Clearance Determinations.

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 father is a citizen of and resides in Afghanistan.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant’s mother is a citizen of and resides in Afghanistan.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant’s brother is a citizen of and resides in Afghanistan.	Against Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Applicant’s sister is a citizen of and resides in Afghanistan.	Against Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	Applicant’s father-in-law is a citizen of Afghanistan but resides in Pakistan.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.f	Applicant’s mother-in-law is a citizen of Afghanistan but resides in Pakistan.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.g	In about 2005, Applicant gave his cousin about $1,200 to help pay for construction of a school in Afghanistan.	Against Applicant	Extended Family in Foreign Country Extended Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.h	In about September 1989, he emigrated from Pakistan to the United States illegally using forged documents.	For Applicant	Unspecified Foreign Relationship Other	Pakistan	Admitted	—	—	—
1.i	He served in the Afghan Army from about June 1988 to August 1988.	For Applicant	Unspecified Foreign Relationship Other	Afghanistan HEIGHTENED RISK	Denied	—	—	—
1.j	He traveled to Pakistan in 1998 and 2006.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s father is a citizen of and resides in Afghanistan.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

Applicant’s mother is a citizen of and resides in Afghanistan.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.c

Applicant’s brother is a citizen of and resides in Afghanistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.d

Applicant’s sister is a citizen of and resides in Afghanistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.e

Applicant’s father-in-law is a citizen of Afghanistan but resides in Pakistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.f

Applicant’s mother-in-law is a citizen of Afghanistan but resides in Pakistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.g

In about 2005, Applicant gave his cousin about $1,200 to help pay for construction of a school in Afghanistan.

Against Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.h

In about September 1989, he emigrated from Pakistan to the United States illegally using forged documents.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

Admitted

—

1.i

He served in the Afghan Army from about June 1988 to August 1988.

For Applicant

Unspecified Foreign Relationship

Other

Afghanistan

HEIGHTENED RISK

Denied

—

1.j

He traveled to Pakistan in 1998 and 2006.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately tried to conceal from the Government the fact, as alleged at SOR 1.i, that he had served in the Afghan Army in 1988 when he answered “no” to e-QIP question 17.b (Your Foreign Activities, b. Are you now or have you ever been employed by or acted as a consultant for a foreign government, firm, or agency?)	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	in a September 2, 2008, subject interview when he told an investigator that he had never served in the Afghan Army	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	when he answered “no” to a question about foreign military service in the February 28, 2009, interrogatories from DOHA adjudicators (1. Have you ever been employed by, served with, or been a member of any of the following: 1.c foreign military (including regular military, paramilitary, militia, or other group engaged in military operations)	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	the Government cross-alleged as adverse personal conduct the facts recited in SOR 1.h.	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately tried to conceal from the Government the fact, as alleged at SOR 1.i, that he had served in the Afghan Army in 1988 when he answered “no” to e-QIP question 17.b (Your Foreign Activities, b. Are you now or have you ever been employed by or acted as a consultant for a foreign government, firm, or agency?)

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.b

in a September 2, 2008, subject interview when he told an investigator that he had never served in the Afghan Army

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.c

when he answered “no” to a question about foreign military service in the February 28, 2009, interrogatories from DOHA adjudicators (1. Have you ever been employed by, served with, or been a member of any of the following: 1.c foreign military (including regular military, paramilitary, militia, or other group engaged in military operations)

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.d

the Government cross-alleged as adverse personal conduct the facts recited in SOR 1.h.

For Applicant

Unspecified Personal Conduct

—

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

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

FOOTNOTES