Summary
A 61-year-old naturalized U.S. citizen, originally from Afghanistan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant's Statement of Reasons cited two primary issues. First, under Guideline B, the applicant has significant family ties in Afghanistan, specifically a sister and four children who are all citizens and residents of that country. These connections raised a disqualifying condition related to foreign influence.
Second, under Guideline E, the applicant failed to disclose a January 2007 arrest and subsequent April 2007 conviction for battery against a spouse/cohabitating partner. This conviction resulted in a sentence of one day of confinement and three years of probation. The non-disclosure of this event raised a disqualifying condition concerning personal conduct.
While a mitigating condition related to the passage of time since the conduct occurred was considered, the judge ultimately determined that the applicant failed to mitigate the overall security concerns. The significant family ties in Afghanistan were deemed to create a heightened risk of foreign influence, and the undisclosed domestic violence conviction raised serious questions about the applicant's reliability and trustworthiness. Consequently, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant has significant family ties in Afghanistan, including four children and a sister, which create a heightened risk of foreign influence.
- The applicant's past conviction for domestic violence and failure to disclose this information on his security clearance application raised concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family ties in Afghanistan create a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to family in Afghanistan create a potential conflict of interest.
- AG ¶ 8(c)appliedInfrequent Contact with Foreign CitizensThe applicant's contact with his sister is infrequent, reducing the likelihood of foreign influence.
Key Rule Quoted
“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
Procedural Posture
- SOR issuedApr 1, 2013
- Answer filedSep 14, 2013
- Hearing held—Decided on written record.
- Decision dateFeb 5, 2014
Cite For
- Heightened Risk of Foreign Influence Due to Family Ties Under Guideline B
- Failure to Disclose a Past Conviction as a Reliability Concern Under Guideline E
- Infrequent Contact with Foreign Family Members as a Mitigating Factor Under Guideline B