ISCR Case 01-24865.h1

Case Headnote

ISCR Case No. 01-24865.h1

deniedApr 20, 2004· Hon. Kathryn Moen Braeman· hearing

Summary

A 52-year-old naturalized U.S. citizen, originally from Vietnam, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant's ties to Vietnam, including ongoing financial support to his wife's family, and past experiences of coercion by Vietnamese officials, were deemed to create a substantial likelihood of foreign influence.

Specifically, the Statement of Reasons cited an immediate family member residing in a foreign country and conduct that could make the applicant vulnerable to foreign government pressure. Disqualifying conditions related to foreign influence included B1, B6, and B7. While mitigating conditions B1, B3, and B5 were considered, they were insufficient to overcome the concerns.

Additionally, the applicant's deliberate falsification of his birth date on official government forms raised significant concerns about trustworthiness and judgment, falling under Guideline E (Personal Conduct) and disqualifying condition E2. The judge concluded that the applicant failed to mitigate these security concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns related to foreign influence due to past coercion by Vietnamese officials.
The applicant's financial support to his wife's family in Vietnam raised concerns about potential foreign influence.
The applicant's falsification of his birth date on official documents indicated questionable judgment and untrustworthiness.

Conditions Referenced

Disqualifying

B1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
B6raisedForeign Influence - Conduct Which May Make the Individual Vulnerable to Coercion
B7raisedForeign Influence - Indications That Representatives From a Foreign Country Are Acting to Increase Vulnerability
E2raisedPersonal Conduct - Deliberate Omission or Falsification of Relevant Facts

Mitigating

B1rejectedForeign Influence - Immediate Family Members Are Not Agents of a Foreign PowerThe applicant's wife's family remains in Vietnam, which raises concerns.
B3appliedForeign Influence - Contact with Foreign Citizens Is Infrequent
B5appliedForeign Influence - Foreign Financial Interests Are Minimal

Key Rule Quoted

“Security clearance decisions are predictive judgments about an applicant's security eligibility in light of the applicant's past conduct and present circumstances.”
— Department of Navy v. Egan, 484 U.S. 518, 528-29 (1988)

Procedural Posture

SOR issuedAug 26, 2003
Answer filedSep 12, 2003Notarized response admitting most allegations.
Hearing held—Applicant requested a decision on the written record.
Decision dateApr 20, 2004

Cite For

Security Concerns Over Foreign Influence Due to Coercion by Foreign Officials
Impact of Financial Support to Family Members Abroad on Security Clearance
Falsification of Personal Information as a Disqualifying Factor 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	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	Against Applicant	In Law in Foreign Country Immediate Family	Vietnam HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	(9) (low confidence)	Unknown	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.c	Conduct which may make the individual vulnerable to coercion, exploitation, or pressure by a foreign government.	Against Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Denied	(c) failure to report or disclose association with a foreign person/group/government	—	—
1.d	Indications that representatives or nationals from a foreign country are acting to increase the vulnerability of the individual to possible future exploitation, coercion or pressure.	Against Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Denied	(d) counterintelligence information indicating unacceptable risk	—	—
1.e	A determination that the immediate family member(s), (spouse, father, mother, sons, daughters, brothers, sisters), cohabitant, or associate(s) in question are not agents of a foreign power or in a position to be exploited by a foreign power in a way that could force the individual to choose between loyalty to the person(s) involved and the United States.	For Applicant	In Law in Foreign Country Immediate Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.f	Contact and correspondence with foreign citizens are infrequent.	For Applicant	In Law in Foreign Country Immediate Family	Vietnam	Admitted	—	(c) contact so casual and infrequent there is little likelihood of risk	Claimed Financial Event Outside Control
1.g	Foreign financial interests are minimal and not sufficient to affect the individual's security responsibilities.	For Applicant	In Law in Foreign Country Immediate Family	Vietnam	Admitted	—	(e) promptly complied with reporting requirements	Claimed Financial Event Outside Control
1.h	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

Against Applicant

In Law in Foreign Country

Immediate Family

Vietnam

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

(9) (low confidence)

Unknown

Unspecified Foreign Relationship

Other

—

Unknown

—

1.c

Conduct which may make the individual vulnerable to coercion, exploitation, or pressure by a foreign government.

Against Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Denied

(c) failure to report or disclose association with a foreign person/group/government

—

1.d

Indications that representatives or nationals from a foreign country are acting to increase the vulnerability of the individual to possible future exploitation, coercion or pressure.

Against Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Denied

(d) counterintelligence information indicating unacceptable risk

—

1.e

A determination that the immediate family member(s), (spouse, father, mother, sons, daughters, brothers, sisters), cohabitant, or associate(s) in question are not agents of a foreign power or in a position to be exploited by a foreign power in a way that could force the individual to choose between loyalty to the person(s) involved and the United States.

For Applicant

In Law in Foreign Country

Immediate Family

Vietnam

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.f

Contact and correspondence with foreign citizens are infrequent.

For Applicant

In Law in Foreign Country

Immediate Family

Vietnam

Admitted

—

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Financial Event Outside Control

1.g

Foreign financial interests are minimal and not sufficient to affect the individual's security responsibilities.

For Applicant

In Law in Foreign Country

Immediate Family

Vietnam

Admitted

—

(e) promptly complied with reporting requirements

Claimed

Financial Event Outside Control

1.h

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his birth date on official government forms.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified his birth date on official government forms.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

Loading case…

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES