Summary
The applicant, a 53-year-old naturalized U.S. citizen and defense contractor, faced concerns under Guideline B (Foreign Influence) due to close family ties abroad and under Guideline E (Personal Conduct) for failing to disclose foreign relatives on his security clearance application. The judge found that the applicant's foreign contacts were not a security risk and that his omission was an honest mistake, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: The Applicant was born in Jordan in 1951. He immigrated to the United States in 1970 to obtain his college education. In 1977, he became a permanent resident of the United States, and in 1986, he became a naturalized United States citizen. He married a native born United States citizen and they have two grown children who are native born United States citizens. The Applicant has no property, bank accounts or any other assets in Jordan. He exercises his right to vote, serves on jury duty and owns a house in the United States worth approximately $500,000 (1.a). The Applicant has eight siblings. Four of them reside in the United States with whom the Applicant is very close. Four other siblings live outside of the United States. Two of his sisters are citizens of Jordan and currently reside in Jordan. Another sister who is a citizen of Jordan resides in Nablus, West Bank. He also has a brother who is a citizen of Jordan who lives in Saudi Arabia. None of his family members abroad have any association whatsoever with any foreign Government. None of his siblings abroad have any knowledge about what type of work the Applicant does. He maintains contact with his siblings abroad by telephone about once every two weeks or so. He also has monthly contact with each of his siblings by letters and cards (1.b). The Applicant was asked hypothetically what he would do if any of his foreign family members were coerced into having to obtain confidential information from him. You did say hypothetically. I have two answers, I can answer that with honesty. Number one, my family, even my wife here in the United States and my children, they do not know what I do. All they know is I work as a Computer Specialist and a Telecommunications Specialist. I never discuss with them what I do. So, how would they know what I have access and not access to? That's number one. Number two, to me it's common sense, that if something like this is to happen, I will approach, I will go to the security authority on base and I will explain to them exactly what I just heard and received and I basically will work with them, if not ask them, to give me any assistance because it's wrong. The best I can do is to let someone know what's going on; that I am being threatened, blackmailed or whatever the term is. You know and just wait for their direction, let them guide me, how to handle the situation, which I hope and pray to God it will never happen (1.c). The Applicant completed a security clearance application dated September 8, 2000, wherein he was required to reply to the following question: (9) Your Relatives and Associates, Give the Full Name, Date of Birth, County of Birth, Country(ies) of Citizenship, Current Street Address and City (country) of Living Relatives and State for each of Your relatives and associates, living or dead, to which the Applicant listed his relatives that currently reside in the United States. He did not list any of his relatives who reside of the United States, specifically his three sisters and one brother (1.d). The Applicant testified credibly that he made an honest mistake when he answered the question on his security questionnaire in response to question 9. His only explanation for failing to list his three sisters and one brother abroad is attributed to his simple misunderstanding of the question. The Applicant met on several occasions with DSS agents after completing the application concerning other matters, specifically tax issues and foreign travel. During one of his interviews the Applicant even discussed his most recent travel to Jordan for his brother's wedding, when all of his siblings traveled from different countries and met for the first time in nineteen years. Nothing further was mentioned. Sometime later, the Applicant was contacted concerning his foreign siblings. The Applicant provided the Government with all of the information about the identities, residents and citizenship of his siblings abroad. The fact that he did not answer question 9 correctly appears to be an honest mistake on the Applicant's part. This information leads me to believe that he did not intentionally conceal his foreign relatives who live outside of the United States from the Government (1.e). The Applicant has resided in the United States citizen for the past thirty-five years. He is a United States citizen, married to a United States citizen, and has two native born children. He owns a home here and is fully integrated into our United States system which includes the right to vote. None of his foreign siblings and their families have any connection with any foreign Government, or are in a position to be exploited by that Government in a way that could force the Applicant to choose between loyalty to them and loyalty to the United States. Although he is close to his foreign relatives, his contacts with them is not of a nature to influence his security worthiness (2.a). The Government alleges that the Applicant is ineligible for clearance because he engaged in conduct involving questionable judgment, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information (2.a).
The judge granted the clearance. The government raised disqualifying conditions B1, E2. The judge applied mitigating conditions B1, E2. The decision turned on the following: The applicant's foreign relatives were not associated with any foreign government and could not be exploited; The applicant's failure to disclose foreign relatives was determined to be an honest mistake, not intentional concealment; Fifteen letters of recommendation attested to the applicant's integrity and trustworthiness.
Why the Applicant Prevailed
- The applicant's foreign relatives were not associated with any foreign government and could not be exploited.
- The applicant's failure to disclose foreign relatives was determined to be an honest mistake, not intentional concealment.
- Fifteen letters of recommendation attested to the applicant's integrity and trustworthiness.
Conditions Referenced
- B1raisedForeign Influence
- E2raisedPersonal Conduct
- B1appliedForeign InfluenceThe applicant's foreign relatives are not agents of a foreign power or in a position to be exploited.
- E2appliedPersonal ConductThe falsification was an isolated incident, was not recent, and the individual has subsequently proved correct information voluntarily.
Key Rule Quoted
“The adjudicative process is the careful weighing of a number of variables known as the whole person concept.”
Procedural Posture
- SOR issuedJun 2, 2004
- Answer filedAug 21, 2004
- Hearing heldNov 24, 2004
- Decision dateJan 26, 2005
Cite For
- Mitigation of Foreign Influence Concerns Due to Lack of Foreign Government Ties
- Honest Mistake in Security Clearance Application Disclosures
- Character References Supporting Applicant's Integrity