ISCR Case 02-15722.h1

Case Headnote

ISCR Case No. 02-15722.h1

grantedJun 2, 2003· Hon. John Grattan Metz, Jr.· hearing

Summary

This case concerns a 48-year-old U.S. citizen, who emigrated from Vietnam in 1981, seeking to retain his security clearance under Guideline B (Foreign Influence). The Statement of Reasons raised concerns regarding his family ties in Vietnam, specifically that his parents and siblings are Vietnamese citizens and residents. It was noted that his father previously served as a warehouseman in the South Vietnamese government, and the applicant himself served in the South Vietnam Air Force. Further allegations included the applicant's travel to Vietnam to visit family and his financial support to his parents.

Disqualifying conditions E2.A2.1.2.1 and E2.A2.1.2.3 were raised. However, the judge applied mitigating conditions E2.A2.1.3.1 and E2.A2.1.3.4. The decision highlighted that the applicant's immediate family in Vietnam are not employed by or connected with the Vietnamese military, law enforcement, or any governmental agency.

The clearance was granted because the applicant demonstrated substantial ties to the U.S. through citizenship, home ownership, and family. His commitment to report any foreign influence or pressure was deemed credible and supported by his history. The judge concluded that the applicant's strong commitment to the U.S. and the lack of foreign government connections among his family mitigated security concerns.

Why the Applicant Prevailed

The applicant demonstrated substantial ties to the U.S. through citizenship, home ownership, and family.
The applicant's immediate family members in Vietnam are not connected to any foreign government or military.
The applicant's commitment to report any foreign influence or pressure was credible and supported by his history.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident In, a Foreign Country.
E2.A2.1.2.3raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government.

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A2.1.3.4notedThe Individual Has Promptly Reported to Proper Authorities All Contacts, Requests, or Threats From Persons or Organizations From a Foreign Country, as Required.

Key Rule Quoted

“"The clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedFeb 11, 2003
Answer filedFeb 19, 2003
Hearing heldMay 1, 2003
Decision dateJun 2, 2003

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong Ties to the U.S. in Security Clearance Cases
Consideration of Family Connections in Foreign Influence Determinations

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	Applicant's parents and siblings are citizens of and residents in Vietnam.	For Applicant	Parent in Foreign Country Immediate Family	Vietnam	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	Applicant's father served as a warehouseman in the South Vietnamese government.	For Applicant	Unspecified Foreign Relationship Immediate Family	Vietnam	Admitted	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	Applicant's family members are not employed by or connected with the Vietnamese military, law enforcement, or a governmental agency.	For Applicant	Unspecified Foreign Relationship Immediate Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.d	Applicant has traveled to Vietnam and sent money to his parents.	For Applicant	Financial Support to Foreign Relative Immediate Family	Vietnam	Admitted	(d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.e	Applicant has traveled to Vietnam to visit his family.	For Applicant	Unspecified Foreign Relationship Immediate Family	Vietnam	Admitted	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.f	Applicant served in the South Vietnam Air Force.	For Applicant	Unspecified Foreign Relationship Immediate Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents and siblings are citizens of and residents in Vietnam.

For Applicant

Parent in Foreign Country

Immediate Family

Vietnam

Admitted

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

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

Credited

Deep U.S. Ties

1.b

Applicant's father served as a warehouseman in the South Vietnamese government.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Vietnam

Admitted

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.c

Applicant's family members are not employed by or connected with the Vietnamese military, law enforcement, or a governmental agency.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Vietnam

Admitted

—

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

Credited

Deep U.S. Ties

1.d

Applicant has traveled to Vietnam and sent money to his parents.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Vietnam

Admitted

(d) counterintelligence information indicating unacceptable risk

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

Credited

Deep U.S. Ties

1.e

Applicant has traveled to Vietnam to visit his family.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Vietnam

Admitted

(e) shared living quarters creating a heightened risk

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

Credited

Deep U.S. Ties

1.f

Applicant served in the South Vietnam Air Force.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Vietnam

Admitted

—

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

Credited

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

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