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Summary

The applicant, a 46-year-old naturalized U.S. citizen with a Master of Science degree, sought a security clearance but was denied due to financial issues despite overcoming concerns related to foreign preference and influence. The judge found that the applicant had not made sufficient efforts to resolve his financial debts, which raised security concerns.

Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant's brother is a FC1 citizen and still lives there (2.a). The Applicant's mother and father-in-law moved to the United States in March 2001 and are permanent residents (2.b). The Applicant has no plans to visit FC1 in the future. The Applicant speaks to his brother approximately every month (2.c). The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States (1.a). The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States (2.a). The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States (2.b). The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States (2.c). This debt in the original amount of $3,600.00 concerns a credit card (3.a). This Applicant has paid this debt off (3.b). The Applicant admits that he is responsible for this debt. However, he disputes the amount of the debt. The original amount of the debt is over $3,000.00. With interest, the amount is over $8,000.00 (3.c). The Applicant admits that he is responsible for this debt, in the amount of approximately $3,500.00 (3.d).

The judge denied the clearance. The government raised disqualifying conditions F1, F3. The judge applied mitigating conditions B1, C1. The decision turned on the following: The applicant failed to demonstrate a good-faith effort to resolve significant financial debts, which raised concerns about financial responsibility.

Why the Applicant Prevailed

• The applicant provided evidence of renouncing his foreign citizenship and not possessing a foreign passport.
• The applicant's immediate family members are either U.S. citizens or permanent residents, mitigating foreign influence concerns.

Conditions Referenced

Key Rule Quoted

“The eligibility criteria established in the DoD Directive identify personal characteristics and conduct which are reasonably related to the ultimate question of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”

Procedural Posture

• SOR issuedMar 22, 2001
• Answer filedApr 25, 2001Applicant requested decision without a hearing.
• Hearing held—No hearing was conducted.
• Decision dateNov 7, 2001

Cite For

• Denial Based on Financial Irresponsibility Under Guideline F
• Mitigation of Foreign Influence Concerns Due to Family Status Under Guideline B
• Foreign Preference Concerns Resolved by Renunciation of Citizenship Under Guideline C