ISCR Case 02-00661.h1

Case Headnote

ISCR Case No. 02-00661.h1

deniedNov 7, 2002· Hon. Richard A. Cefola· hearing

Summary

A 30-year-old dual citizen of the United States and Greece was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant was born in the U.S. to dual-national parents, who now reside in Greece. The applicant admitted to equal allegiance to both countries, travels to Greece annually, and used a Greek passport for travel until its expiration in December 2000. He retains this expired passport and has not expressed an intent to surrender it.

Further concerns included his subjection to six months of military service in the Greek Army, though he stated he would not bear arms against the U.S. He also owns property and stock in Greece through his father and plans to retire there. His family ties in Greece include a cousin who is an officer in the Greek Air Force and a friend who is an electronics technician for the Greek Air Force.

The denial was based on the applicant's admitted equal allegiance to both nations, his retention of an expired Greek passport without intent to surrender it, and his family connections in Greece, particularly those associated with the Greek Air Force, which raised foreign influence concerns.

Why the Applicant Was Denied

The Applicant admitted equal allegiance to both the U.S. and Greece, indicating a foreign preference.
He retains an expired Greek passport and has expressed no intention to surrender it.
The Applicant has family members in Greece, including a cousin and a friend who are associated with the Greek Air Force, raising foreign influence concerns.

Conditions Referenced

Disqualifying

C1raisedExercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
C3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
B1raisedAn Immediate Family Member Is a Citizen of a Foreign Country
B3raisedRelatives Connected with Any Foreign Government

Mitigating

C1notedNone
B1rejectedImmediate Family Members Are Not Agents of a Foreign PowerThe Applicant's cousin and friend are associated with the Greek Air Force, which raises concerns.

Key Rule Quoted

“An individual who demonstrates a foreign preference, or who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedJun 19, 2002
Answer filedJul 19, 2002
Hearing held—Determined on a written record.
Decision dateNov 7, 2002

Cite For

Foreign Preference Due to Dual Citizenship Under Guideline C
Foreign Influence Concerns Due to Family Ties Under Guideline B
Impact of Foreign Allegiance on Security Clearance Eligibility

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
2.a	The Applicant's parents are dual nationals, as previously mentioned, and both now live in Greece (GX 6 at pages 2 and 3). His father is a retired physician, and his mother is a homemaker (id).	Against Applicant	Parent in Foreign Country Immediate Family	Greece	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	The Applicant's cousin is an officer in the Greek Air Force (GX 6 at page 2, and Reply at page 4).	Against Applicant	Sibling in Foreign Country Extended Family GOVT-AFFILIATED	Greece	Unknown	(c) failure to report or disclose association with a foreign person/group/government	—	—
2.c	The Applicant's friend is an electronics technician for the Greek Air Force (GX 6 at page 2).	Against Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Greece	Unknown	(c) failure to report or disclose association with a foreign person/group/government	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's parents are dual nationals, as previously mentioned, and both now live in Greece (GX 6 at pages 2 and 3). His father is a retired physician, and his mother is a homemaker (id).

Against Applicant

Parent in Foreign Country

Immediate Family

Greece

Unknown

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

—

2.b

The Applicant's cousin is an officer in the Greek Air Force (GX 6 at page 2, and Reply at page 4).

Against Applicant

Sibling in Foreign Country

Extended Family

GOVT-AFFILIATED

Greece

Unknown

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

—

2.c

The Applicant's friend is an electronics technician for the Greek Air Force (GX 6 at page 2).

Against Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

Greece

Unknown

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant was born in the United States to parents who were dual citizens of the United States and of Greece.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	He admits equal allegiance to both the U.S. and to Greece.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	He travels to Greece on a yearly basis, and used his Greek passport to travel there until that passport expired in December of 2000.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.d	He is subject to six months of military service in the Greek Army, but would not bear arms against the United States.	Against Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.e	Through his father, he owns property and stock in Greece, and the Applicant plans to live in Greece when he retires.	Against Applicant	Foreign Benefits or Education	Admitted	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.f	He has a cousin who is an officer in the Greek Air Force.	Against Applicant	Foreign Military or Government Service	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.g	He has a friend who is an electronics technician for the Greek Air Force.	Against Applicant	Foreign Military or Government Service	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.h	He retains an expired Greek passport and has expressed no intention to surrender that passport.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(f) an act of expatriation from the U.S. such as a declaration of intent to renounce U.S. citizenship, whether through words or actions	—	—
1.i	He has demonstrated a foreign preference for Greece.	Against Applicant	Unspecified Foreign Preference	Admitted	(f) an act of expatriation from the U.S. such as a declaration of intent to renounce U.S. citizenship, whether through words or actions	—	—
2.a	The Applicant's parents are dual nationals, as previously mentioned, and both now live in Greece.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
2.b	The Applicant's cousin is an officer in the Greek Air Force.	Against Applicant	Unspecified Foreign Preference	Admitted	—	—	—
2.c	The Applicant's friend is an electronics technician for the Greek Air Force.	Against Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant was born in the United States to parents who were dual citizens of the United States and of Greece.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

1.b

He admits equal allegiance to both the U.S. and to Greece.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

1.c

He travels to Greece on a yearly basis, and used his Greek passport to travel there until that passport expired in December of 2000.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.d

He is subject to six months of military service in the Greek Army, but would not bear arms against the United States.

Against Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.e

Through his father, he owns property and stock in Greece, and the Applicant plans to live in Greece when he retires.

Against Applicant

Foreign Benefits or Education

Admitted

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.f

He has a cousin who is an officer in the Greek Air Force.

Against Applicant

Foreign Military or Government Service

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.g

He has a friend who is an electronics technician for the Greek Air Force.

Against Applicant

Foreign Military or Government Service

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.h

He retains an expired Greek passport and has expressed no intention to surrender that passport.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(f) an act of expatriation from the U.S. such as a declaration of intent to renounce U.S. citizenship, whether through words or actions

—

1.i

He has demonstrated a foreign preference for Greece.

Against Applicant

Unspecified Foreign Preference

Admitted

(f) an act of expatriation from the U.S. such as a declaration of intent to renounce U.S. citizenship, whether through words or actions

—

2.a

The Applicant's parents are dual nationals, as previously mentioned, and both now live in Greece.

For Applicant

Unspecified Foreign Preference

Admitted

—

2.b

The Applicant's cousin is an officer in the Greek Air Force.

Against Applicant

Unspecified Foreign Preference

Admitted

—

2.c

The Applicant's friend is an electronics technician for the Greek Air Force.

Against Applicant

Unspecified Foreign Preference

Admitted

—

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