Summary
A 55-year-old naturalized U.S. citizen, originally from the Philippines, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and D (Sexual Behavior). The denial stemmed from several factors, including the applicant's retention of an expired Philippine passport without providing evidence of its surrender.
Further concerns involved the applicant's significant foreign ties, including a wife and siblings residing in the Philippines. All five of his children are Philippine citizens, and he sends $22 annually to a sister to maintain membership in a Philippine Masonic Lodge. While the applicant stated he has not exercised dual citizenship since naturalization, the Administrative Judge found these connections, coupled with the passport issue, to be unmitigated security risks.
A critical factor in the denial was the applicant's intentional falsification of material information on his security clearance questionnaire. This included misrepresenting his foreign connections and property ownership, which raised additional security concerns. Ultimately, the Administrative Judge determined that the applicant failed to sufficiently mitigate the security risks identified by the Government, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The Applicant retained an expired Philippine passport and did not provide evidence of its surrender.
- The Applicant has substantial family ties in the Philippines, including a wife and siblings, which raise security concerns.
- The Applicant intentionally falsified material information on his security clearance questionnaire regarding foreign connections and property ownership.
Conditions Referenced
- C2raisedPossession And/or Use of a Foreign Passport
- B1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country
- B8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence
- E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
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, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct.”
Procedural Posture
- SOR issuedJan 10, 2004
- Answer filedFeb 9, 2004Requested decision without a hearing.
- Hearing held—
- Decision dateOct 1, 2004
Cite For
- Denial of Clearance Due to Foreign Preference Under Guideline C
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Falsification of Security Clearance Questionnaire Under Guideline E