Summary
The applicant, a 55-year-old Arabic translator and naturalized U.S. citizen, faced security clearance concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The judge found that while the applicant mitigated concerns under Guideline B, he failed to mitigate issues under Guideline E due to his deliberate disregard for military security policies and instructions while deployed, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant has frequent contacts and a close relationship of affection and/or obligation with his siblings, extended family members, friends, and his in-laws, all of whom are Moroccan citizens and residents (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant deliberately disregarded military supervisor's instructions and security policies while deployed; His behavior demonstrated questionable judgment, untrustworthiness, unreliability, and lack of candor; The applicant's actions raised significant concerns about his compliance with rules and regulations.
Why the Applicant Was Denied
- The applicant deliberately disregarded military supervisor's instructions and security policies while deployed.
- His behavior demonstrated questionable judgment, untrustworthiness, unreliability, and lack of candor.
- The applicant's actions raised significant concerns about his compliance with rules and regulations.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons
- AG ¶ 7(e)raisedSubstantial Business or Financial Interests in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJun 30, 2010
- Answer filedJul 4, 2010
- Hearing heldOct 12, 2010
- Decision dateFeb 25, 2011
Cite For
- Disregard for Military Security Policies Under Guideline E
- Impact of Foreign Family Ties Under Guideline B
- Evaluation of Personal Conduct and Reliability in Security Clearance Determinations