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ISCR 12-07658.h1: Guideline B security clearance hearing, denied (2012) · CASE

ISCR Case 12-07658.h1denied

Case headnote

ISCR Case No. 12-07658.h1

deniedDec 17, 2012· Hon. Jennifer I. Goldstein· hearing

Summary

The applicant, a pro se individual, was denied a security clearance under Guideline B (Foreign Influence) due to unmitigated security concerns stemming from strong ties to Afghanistan. The Statement of Reasons outlined two primary allegations: the applicant has strong ties to numerous Afghani family members, several of whom hold high-ranking positions within the Afghani government, and the applicant possesses a significant financial interest in Afghanistan.

These connections raised disqualifying conditions under Guideline B, specifically AG ¶ 7. The judge determined that the applicant's strong ties to high-ranking Afghani government officials and significant financial interest in the country presented security concerns that were not adequately mitigated.

Consequently, the applicant was denied eligibility for access to classified information.

Why the applicant was denied

The applicant has strong ties to high-ranking members of the Afghani government.
The applicant has a significant financial interest in Afghanistan.
Security concerns under Guideline B were not mitigated.

Conditions referenced

Disqualifying

AG ¶ 7raisedForeign Influence

Procedural posture

SOR issuedAug 2, 2012
Hearing held—
Decision dateDec 17, 2012

Cite for

Security Concerns Related to Foreign Influence Under Guideline B
Impact of Familial Ties to Foreign Nationals on Security Clearance Eligibility
Financial Interests in Foreign Countries as a Disqualifying Factor for Security Clearance

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant has strong ties to several Afghani family members, including high-ranking members of the Afghani government, and a significant financial interest in Afghanistan. The judge found that the security concerns raised under the Foreign Influence guideline were not mitigated, resulting in a denial of eligibility for access to classified information.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation

Descriptive standardized rendering of a decided public case. The verbatim source decision is shown in full below.

Full decision

The complete, official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case No. 12-07658 ) ) Applicant for Security Clearance )

Appearances

For Government: Ray T. Blank, Esq., Department Counsel For Applicant: Pro se

December 17, 2012 ______________

Decision

______________

GOLDSTEIN, Jennifer I., Administrative Judge:

Applicant has strong ties to a number of Afghani family members, several of whom are high-ranking members of the Afghani government. She also has a significant financial interest in Afghanistan. Security concerns raised under the Foreign Influence guideline were not mitigated. Eligibility for access to classified information is denied.

Statement of the Case

On August 2, 2012, the Defense Office of Hearings and Appeals (DOHA) issued a Statement of Reasons (SOR) to Applicant, detailing security concerns under Guideline B (Foreign Influence).1 The action was taken under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines effective in the Department of Defense on September 1, 2006.