Summary
The applicant, a 39-year-old systems engineer with a secret security clearance since 2001, faced concerns under Guideline B (Foreign Influence) and Guideline D (Handling Protected Information) due to his wife's relatives in South Korea and multiple incidents of taking a cell phone into a classified area. The judge found that the applicant mitigated the foreign influence concerns due to the remote nature of his wife's family ties and his strong ties to the U.S., and that the security violations were inadvertent and self-reported, leading to a decision to grant the security clearance.
Under Guideline B (Foreign Influence) and Guideline D (Sexual Behavior), the Statement of Reasons alleged the following: Applicant's wife has three uncles and an aunt who are citizens and residents of the Republic of South Korea (1.a). Applicant has minimal obligations to his wife's relatives and has deep and longstanding relationships and loyalties in the United States (1.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 34(g). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 35(a), AG ¶ 35(b). The decision turned on the following: The applicant's wife is a naturalized U.S. citizen with minimal contact with her relatives in South Korea, mitigating foreign influence concerns; The applicant's strong ties to the U.S. and his conscientious behavior regarding security protocols were emphasized; The applicant self-reported security violations and took steps to prevent recurrence.
Why the Applicant Prevailed
- The applicant's wife is a naturalized U.S. citizen with minimal contact with her relatives in South Korea, mitigating foreign influence concerns.
- The applicant's strong ties to the U.S. and his conscientious behavior regarding security protocols were emphasized.
- The applicant self-reported security violations and took steps to prevent recurrence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified Information
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedNo Conflict of Interest
- AG ¶ 35(a)appliedTime Elapsed Since Behavior
- AG ¶ 35(b)appliedResponse to Counseling or Training
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedNov 21, 2012
- Answer filedJan 17, 2013
- Hearing heldMay 3, 2013via video teleconference
- Decision dateJun 14, 2013
Cite For
- Mitigation of Foreign Influence Concerns Due to Remote Family Ties
- Self-reporting of Security Violations as a Positive Factor
- Consideration of Applicant's Strong Community Ties in Security Clearance Decisions