Summary
This security clearance decision involved a 44-year-old dual citizen of the United States and Germany, whose application was denied under Guideline C, Foreign Preference. The Statement of Reasons alleged that the applicant exercised the rights, privileges, and obligations of a German citizen, specifically citing his voting in German elections, service in the German military, and use of his German passport for international travel.
Disqualifying conditions related to foreign preference were raised, while mitigating conditions were also considered. However, the judge ultimately found that the applicant failed to demonstrate a preference for the United States over Germany.
The denial was based on several factors: his dual citizenship, his service in the German military, his participation in German elections, and his continued use of a German passport without renouncing his German citizenship. These actions, combined with his long-term residence in Germany and a perceived lack of significant ties to the U.S., led to the conclusion that he demonstrated a preference for Germany, resulting in the denial of his security clearance.
Why the applicant was denied
- Applicant is a dual citizen of Germany and the United States, having served in the German military and voted in German elections.
- He used his German passport for travel and has not renounced his German citizenship, indicating a preference for Germany over the United States.
- The applicant's long-term residence in Germany and lack of significant ties to the U.S. contributed to the denial.
Conditions referenced
- AG ¶ 10(a)appliedExercise of Foreign Citizenship Rights
- AG ¶ 10(a)(1)appliedPossession of a Current Foreign Passport
- AG ¶ 10(a)(7)appliedVoting in a Foreign Election
- AG ¶ 11(a)rejectedDual Citizenship Based on Parents' CitizenshipApplicant exercised rights of German citizenship, negating this mitigating condition.
- AG ¶ 11(e)appliedPassport Surrendered to Security AuthorityApplicant turned over his German passport to his employer's security officer.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedJul 9, 2011
- Answer filedAug 11, 2011Applicant elected to proceed on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateMar 19, 2012
Cite for
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Consideration of Foreign Military Service and Voting in Foreign Elections in Security Clearance Decisions.