Summary
The applicant, a 54-year-old logistics manager and former British Navy officer, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). He admitted to having family ties and a military pension from the UK but demonstrated a strong commitment to the U.S. by becoming a naturalized citizen and surrendering his UK passport. The judge found that the applicant's connections did not pose a heightened risk to national security, leading to a decision to grant the security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has a brother who is a citizen and resident of the United Kingdom, who works for the Ministry of Defense (2.a). Applicant's parents are citizens and residents of the United Kingdom (2.b). Applicant has multiple bank accounts in the United Kingdom (2.c). Applicant possessed a UK passport which was issued in February 2012 and due to expire in 2022 (1.a). Applicant served in the Royal Navy and has a military pension (1.b). Applicant has been willing to renounce his UK citizenship (1.c). Applicant does not receive an 'old age pension,' but will be entitled to one in the future (1.d).
The judge granted the clearance. The government raised disqualifying conditions FP DC 10(a), FP DC 10(b), FI DC 7(a), FI DC 7(b). The judge applied mitigating conditions FP MC 11(a), FP MC 11(b), FP MC 11(e), FI MC 8(a), FI MC 8(b). The decision turned on the following: The applicant demonstrated a strong commitment to the U.S. by becoming a naturalized citizen and surrendering his UK passport; The applicant's family ties in the UK did not create a heightened risk of foreign exploitation or conflict of interest; The applicant's extensive experience and positive evaluations in the U.S. defense community supported his eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a strong commitment to the U.S. by becoming a naturalized citizen and surrendering his UK passport.
- The applicant's family ties in the UK did not create a heightened risk of foreign exploitation or conflict of interest.
- The applicant's extensive experience and positive evaluations in the U.S. defense community supported his eligibility for a security clearance.
Conditions Referenced
- FP DC 10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- FP DC 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen
- FI DC 7(a)rejectedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign CountryThe applicant's limited contact with family in the UK did not create a heightened risk.
- FI DC 7(b)rejectedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of InterestThe applicant's relationships with family members in the UK did not create a potential conflict of interest.
- FP MC 11(a)appliedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country
- FP MC 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
- FP MC 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
- FI MC 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between Interests
- FI MC 8(b)appliedThere Is No Conflict of Interest Due to Minimal Loyalty or Obligation to the Foreign Person
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 issuedJul 22, 2014
- Answer filedAug 8, 2014
- Hearing heldDec 16, 2014
- Decision dateJan 15, 2015
Cite For
- Mitigating Conditions for Foreign Preference Under Guideline C
- Mitigating Conditions for Foreign Influence Under Guideline B
- Consideration of the Whole-person Concept in Security Clearance Decisions