Summary
The applicant, a 41-year-old employee of a defense contractor, faced security concerns under Guideline B due to his wife and her family being citizens and residents of South Korea. Despite his claims of limited contact with them due to language barriers, the judge found that the applicant did not mitigate the foreign influence security concern, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's wife and her family are citizens of and residents in the Republic of Korea (a/k/a South Korea) (1.a). Applicant's wife is not qualified to immigrate to the United States (1.b). Applicant has periodic telephone contact with his wife and her family, primarily with his wife (1.c). Applicant did not mitigate the foreign influence security concern (1.d).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: The applicant's wife and her family are citizens of South Korea, creating a foreign influence concern; The applicant did not demonstrate that his wife and her family members are not agents of a foreign power or in a position to be exploited; The applicant's contact with his wife is not casual or infrequent due to their marital relationship.
Why the applicant was denied
- The applicant's wife and her family are citizens of South Korea, creating a foreign influence concern.
- The applicant did not demonstrate that his wife and her family members are not agents of a foreign power or in a position to be exploited.
- The applicant's contact with his wife is not casual or infrequent due to their marital relationship.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.3.1rejectedForeign Influence - Immediate Family Member Is Not an Agent of a Foreign PowerThe applicant did not provide evidence that his wife and her family are not in a position to be exploited.
- E2.A2.1.3.3rejectedForeign Influence - Contact with Foreign Citizens Is Casual and InfrequentThe applicant's contact with his wife is not casual or infrequent due to their intimate relationship.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedJun 3, 2003
- Answer filedNov 12, 2003Applicant requested decision on written record.
- Hearing held—Case reopened after initial failure to respond.
- Decision dateSep 24, 2004Remand decision issued.
Cite for
- Foreign Influence Concerns Under Guideline B
- Burden of Proof on Applicant to Mitigate Disqualifying Conditions
- Impact of Family Ties on Security Clearance Eligibility