ISCR Case 11-10187.h1

Case Headnote

ISCR Case No. 11-10187.h1

grantedJan 31, 2013· Hon. LeRoy F. Foreman· hearing

Summary

A 52-year-old senior technical advisor and retired Army lieutenant colonel was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited his marriage to a Russian citizen and the fact that his father-in-law, mother-in-law, and brother-in-law are all citizens and residents of Russia. His father-in-law and brother-in-law are retired Russian military officers, receiving Russian pensions. Additionally, his wife and stepdaughter are dual Russian-U.S. citizens who traveled to Russia on Russian passports.

Disqualifying conditions under Guideline B, specifically AG ¶ 7(a), were raised due to these foreign ties. However, the judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c).

The clearance was granted because the applicant demonstrated a strong commitment to the United States, stating he would prioritize national interests. His wife is actively pursuing the renunciation of her Russian citizenship, and multiple character witnesses, including retired military officers, attested to his integrity and loyalty. The judge found that the applicant's strong moral character, loyalty, and limited contact with his wife's family in Russia mitigated the foreign influence concerns.

Why the Applicant Prevailed

The applicant demonstrated a strong commitment to the United States, stating he would prioritize national interests over personal ties.
The applicant's wife is actively pursuing the renunciation of her Russian citizenship, indicating a desire to sever ties with Russia.
Multiple character witnesses, including retired military officers, attested to the applicant's integrity and loyalty.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign Influence

Mitigating

AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That They Do Not Pose a Security Risk.
AG ¶ 8(b)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate the Foreign Influence.
AG ¶ 8(c)appliedThe Individual Has a Strong Commitment to the United States.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedSep 5, 2012
Answer filedSep 24, 2012
Hearing heldJan 10, 2013rescheduled from 12/18/2012
Decision dateJan 31, 2013

Cite For

Mitigating Factors Related to Foreign Influence Under Guideline B
The Importance of Character References in Security Clearance Cases
The Applicant's Burden to Demonstrate National Interest Alignment in Security Clearance Decisions.

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-in-law is a citizen and resident of Russia, who retired from the Russian military as a colonel and receives a Russian pension.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	—	Claimed Deep U.S. Ties
1.b	His mother-in-law is a citizen and resident of Russia.	For Applicant	In Law in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	—	Claimed Deep U.S. Ties
1.c	His brother-in-law is a citizen and resident of Russia, who retired from the Russian Army as a lieutenant colonel.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	—	Claimed Deep U.S. Ties
1.d	His wife and stepdaughter are dual Russian-U.S. citizens who were required to travel to Russia on their Russian passports because they were considered Russian citizens.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	—	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s father-in-law is a citizen and resident of Russia, who retired from the Russian military as a colonel and receives a Russian pension.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

—

Claimed

Deep U.S. Ties

1.b

His mother-in-law is a citizen and resident of Russia.

For Applicant

In Law in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

—

Claimed

Deep U.S. Ties

1.c

His brother-in-law is a citizen and resident of Russia, who retired from the Russian Army as a lieutenant colonel.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

—

Claimed

Deep U.S. Ties

1.d

His wife and stepdaughter are dual Russian-U.S. citizens who were required to travel to Russia on their Russian passports because they were considered Russian citizens.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

—

Claimed

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

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