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ISCR Case 09-03068.h1 — CASE

ISCR Case 09-03068.h1granted

Case Headnote

ISCR Case No. 09-03068.h1

grantedJan 31, 2011· Hon. Shari Dam· hearing

Summary

This security clearance decision involved an applicant facing concerns under Guideline B, Foreign Influence, specifically Disqualifying Condition B.1, due to family ties abroad. The judge ultimately granted the security clearance after finding that the applicant had sufficiently mitigated these concerns.

The applicant demonstrated strong ties to the United States, which were determined to outweigh any foreign connections. Furthermore, there was no evidence presented that indicated foreign influence had affected the applicant's judgment or reliability.

The mitigating conditions applied were B.2 and B.3, which address the absence of foreign influence and the strength of U.S. ties, respectively. Based on these factors, the security clearance was granted.

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.1raisedForeign Influence

Mitigating

B.2appliedThe Nature of the Applicant's Family Ties Is Such That They Do Not Pose a Security Risk.
B.3appliedThe Applicant Has Established a Long-term Residence and Employment in the United States.

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 issuedFeb 17, 2010
Answer filed—
Hearing held—
Decision dateJan 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

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge granted the applicant's eligibility for access to classified information, resolving the foreign influence concerns favorably. The decision indicates that the applicant's ties to foreign entities did not pose a security risk warranting denial of clearance.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a–1.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

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.