Summary
The Applicant, a 61-year-old American citizen and defense contractor, sought a Top Secret-level security clearance despite having a long-distance marriage to a British citizen and a past intimate relationship with a Filipino national. The judge found that the Applicant had mitigated concerns regarding foreign influence and sexual behavior by terminating the relationship and demonstrating that his family members were not agents of a foreign power. Consequently, the clearance was granted.
Under Guideline B (Foreign Influence) and Guideline D (Sexual Behavior), the Statement of Reasons alleged the following: The Applicant is ineligible for clearance because he has immediate family members, or persons to whom he is bound by affection, who are not citizens of the United States (1.a). The Applicant is ineligible for clearance because he has immediate family members, or persons to whom he is bound by affection, who are not citizens of the United States (1.b). The Applicant is ineligible for clearance because he has immediate family members, or persons to whom he is bound by affection, who are not citizens of the United States (1.c). The Applicant is ineligible for clearance because he has immediate family members, or persons to whom he is bound by affection, who are not citizens of the United States (1.d). The Applicant is ineligible for clearance because he has immediate family members, or persons to whom he is bound by affection, who are not citizens of the United States (1.e). The Applicant is ineligible for clearance because he has engaged in sexual behavior which might subject him to undue influence or coercion, or reflects a lack of judgment or discretion (2.a). The Applicant is ineligible for clearance because he has engaged in sexual behavior which might subject him to undue influence or coercion, or reflects a lack of judgment or discretion (2.b). The Applicant is ineligible for clearance because he has engaged in sexual behavior which might subject him to undue influence or coercion, or reflects a lack of judgment or discretion (2.c). The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has engaged in sexual behavior which might subject him to undue influence or coercion, or reflects a lack of judgment or discretion (2.a). In 2000 the Applicant was sent by his firm to manage a project in the Phillippines. In November of 2000 the Applicant met a woman (Ms. A). Eventually the Applicant and Ms. A became intimate, and the two of them had a sexual and emotional relationship until the Applicant left the Phillippines in August 2001 (2.b). The Applicant has notified his wife, daughter, supervisor, work associates and friends about this relationship, as well as a one time sexual encounter that occurred with another woman in 1984 (2.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 1, AG ¶ 3. The judge applied mitigating conditions AG ¶ 1, AG ¶ 4. The decision turned on the following: The Applicant terminated his relationship with the Filipino national and ceased financial support; The Applicant's family members are not agents of a foreign power and do not pose a security risk; The Applicant's friends and colleagues testified to his integrity and trustworthiness.
Why the Applicant Prevailed
- The Applicant terminated his relationship with the Filipino national and ceased financial support.
- The Applicant's family members are not agents of a foreign power and do not pose a security risk.
- The Applicant's friends and colleagues testified to his integrity and trustworthiness.
Conditions Referenced
- AG ¶ 1raisedForeign Influence
- AG ¶ 3raisedSexual Behavior
- AG ¶ 1appliedForeign Influence
- AG ¶ 4appliedSexual Behavior
Key Rule Quoted
“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable.”
Procedural Posture
- SOR issuedSep 12, 2002
- Answer filedOct 24, 2002
- Hearing heldMar 24, 2003
- Decision dateMay 9, 2003
Cite For
- Mitigation of Foreign Influence Concerns Due to Lack of Close Ties to Foreign Nationals
- Termination of a Past Relationship as a Mitigating Factor Under Sexual Behavior
- Credibility of Character Witnesses in Security Clearance Cases