A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 09-03068.h1

Granted

Decided Jan 31, 2011 · Administrative Judge Shari Dam · Hearing

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Case headnote

Summary

The applicant, a security clearance candidate, faced concerns under Guideline B regarding foreign influence due to family ties abroad. The judge found that the applicant had sufficiently mitigated these concerns through evidence of strong ties to the U.S. and a lack of foreign influence. Ultimately, the applicant was granted security clearance.

Why the applicant prevailed

The applicant demonstrated strong ties to the United States that outweighed foreign connections.
There was no evidence of foreign influence affecting the applicant's judgment or reliability.

Conditions referenced

Disqualifying

B.1 Foreign Influenceraised

Mitigating

B.2 The nature of the applicant's family ties is such that they do not pose a security risk.applied
B.3 The applicant has established a long-term residence and employment in the United States.applied

Key rule quoted

“The presence of family members in a foreign country does not automatically disqualify an applicant from obtaining a security clearance.”

Procedural posture

SOR issued: February 17, 2010
Answer filed
Hearing held
Decision date: January 31, 2011

Cite for

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Cases
Evaluation of Family Connections in Security Clearance Determinations

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From the decision

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Allegations under Guideline B

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Decision text, by section

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case: 09-03068 ) ) Applicant for Security Clearance )

Appearances

For Government: John B. Glendon, Esquire, Department Counsel For Applicant: Brian Bannon, Esquire

January 31, 2011 ______________

Decision

______________

DAM, Shari, Administrative Judge:

Based upon a review of the record as a whole, eligibility for access to classified information is granted.

History of Case

On September 27, 2007, Applicant submitted an Electronic Questionnaire for Investigations Processing (e-QIP). On February 17, 2010, the Defense Office of Hearings and Appeals (DOHA) issued Applicant a Statement of Reasons (SOR) detailing security concerns under Guideline B, Foreign Influence. The action was taken under Executive Order 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines effective within the Department of Defense for SORs issued after September 1, 2006.