ISCR Case 12-04179.h1

Case Headnote

ISCR Case No. 12-04179.h1

deniedFeb 26, 2013· Hon. Carol G. Ricciardello· hearing

Summary

The applicant, a 29-year-old naturalized U.S. citizen originally from Jordan, faced security concerns under Guideline B (foreign influence) and Guideline E (personal conduct) due to undisclosed foreign family ties and inconsistent disclosures regarding his foreign travel and employment history. The judge found that the applicant failed to mitigate these concerns, 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 family connections to Jordan that create a heightened security concern (1.a). Applicant has regular contact with his family members in Jordan (1.b). Applicant visits Jordan at least every other year (1.c). Applicant failed to disclose all of his foreign travel to Jordan, Egypt, and Israel (1.d). Applicant's family connections to Jordan create a heightened security concern (1.e). Applicant has a friend who is a citizen and resident of Jordan (1.f). Applicant failed to disclose all of his foreign travel in the past seven years (2.a). Applicant failed to disclose on his SCA that he had been fired from a retail job (2.b). Applicant's testimony was inconsistent and not credible regarding his foreign travel and employment history (2.c). Applicant did not disclose all of his siblings and their citizenship statuses on his security clearance application (2.d). Applicant failed to be truthful about his foreign travel during his background investigation interview (2.e).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 14(a), AG ¶ 16(a). The judge applied mitigating conditions AG ¶ 17(a), AG ¶ 17(c). The decision turned on the following: The applicant failed to disclose all foreign travel and family ties, raising concerns under Guideline B; Inconsistent testimony and omissions regarding employment history were deemed deliberate and intentional under Guideline E.

Why the Applicant Was Denied

The applicant failed to disclose all foreign travel and family ties, raising concerns under Guideline B.
Inconsistent testimony and omissions regarding employment history were deemed deliberate and intentional under Guideline E.

Conditions Referenced

Disqualifying

AG ¶ 14(a)raisedForeign Influence
AG ¶ 16(a)appliedPersonal Conduct - Deliberate Omission

Mitigating

AG ¶ 17(a)rejectedPersonal Conduct - Prompt CorrectionThe applicant did not make prompt, good-faith efforts to correct omissions before being confronted.
AG ¶ 17(c)rejectedPersonal Conduct - Minor OffenseThe applicant's omissions were not considered minor and raised significant concerns.

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 issuedOct 3, 2012
Answer filedOct 23, 2013
Hearing heldFeb 5, 2013
Decision date—

Cite For

Failure to Disclose Foreign Family Ties Under Guideline B
Deliberate Omissions in Security Clearance Applications Under Guideline E
Inconsistent Testimony Affecting Credibility in Security Clearance Cases

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 has family connections to Jordan that create a heightened security concern.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan 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	—	—
1.b	Applicant has regular contact with his family members in Jordan.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan 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	—	—
1.c	Applicant visits Jordan at least every other year.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan 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	—	—
1.d	Applicant failed to disclose all of his foreign travel to Jordan, Egypt, and Israel.	Against Applicant	Failure to Disclose Foreign Association Other	Jordan, Egypt, Israel 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	—	—
1.e	Applicant's family connections to Jordan create a heightened security concern.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan 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	—	—
1.f	Applicant has a friend who is a citizen and resident of Jordan.	For Applicant	Friend in Foreign Country Friend	Jordan	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has family connections to Jordan that create a heightened security concern.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

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

—

1.b

Applicant has regular contact with his family members in Jordan.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

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

—

1.c

Applicant visits Jordan at least every other year.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

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

—

1.d

Applicant failed to disclose all of his foreign travel to Jordan, Egypt, and Israel.

Against Applicant

Failure to Disclose Foreign Association

Other

Jordan, Egypt, Israel

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

—

1.e

Applicant's family connections to Jordan create a heightened security concern.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

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

—

1.f

Applicant has a friend who is a citizen and resident of Jordan.

For Applicant

Friend in Foreign Country

Friend

Jordan

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to disclose all of his foreign travel in the past seven years.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Foreign Contacts or Interests	Admitted	—	—	—
2.b	Applicant failed to disclose on his SCA that he had been fired from a retail job.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Admitted	—	—	—
2.c	Applicant's testimony was inconsistent and not credible regarding his foreign travel and employment history.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
2.d	Applicant did not disclose all of his siblings and their citizenship statuses on his security clearance application.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Foreign Contacts or Interests	Admitted	—	—	—
2.e	Applicant failed to be truthful about his foreign travel during his background investigation interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose all of his foreign travel in the past seven years.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Foreign Contacts or Interests

Admitted

—

2.b

Applicant failed to disclose on his SCA that he had been fired from a retail job.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Admitted

—

2.c

Applicant's testimony was inconsistent and not credible regarding his foreign travel and employment history.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

2.d

Applicant did not disclose all of his siblings and their citizenship statuses on his security clearance application.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Foreign Contacts or Interests

Admitted

—

2.e

Applicant failed to be truthful about his foreign travel during his background investigation interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES