ISCR Case 02-25436.h1

Case Headnote

ISCR Case No. 02-25436.h1

grantedSep 29, 2004· Hon. Joseph Testan· hearing

Summary

A 47-year-old U.S. citizen and defense contractor, who fled Vietnam in 1975, sought a security clearance. The case raised concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) due to his two sisters residing in Vietnam.

The Statement of Reasons noted that the applicant has two sisters who are citizens and residents of Vietnam. However, it was also alleged that these sisters are not agents of the Vietnamese government and are not in a position to be exploited. The applicant's contact with his in-laws, also Vietnamese citizens and residents, was described as casual and infrequent. Furthermore, the sisters reportedly do not support the communist way of life and actively worked against the Communists during the war. The applicant has lived in the United States for 28 years, does not consider himself close to his sisters, and affirmed his unwavering loyalty to the U.S.

The judge ultimately granted the security clearance. The decision was based on findings that the applicant's sisters are not agents of Vietnam and do not pose an exploitation risk. It was also noted that the applicant has resided in the U.S. for 28 years, does not consider himself close to his sisters, and demonstrated clear and unwavering loyalty to the United States.

Why the Applicant Prevailed

The applicant's sisters are not agents of Vietnam and do not pose a risk of exploitation.
The applicant has lived in the U.S. for 28 years and does not consider himself close to his sisters.
The applicant's loyalty to the United States is clear and unwavering.

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 of or Present In, a Foreign Country.

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) . . . in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Person(s) Involved and the United States.
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.

Key Rule Quoted

“It is clear that applicant's loyalty is to the United States, and that he would not allow his relationship to any Vietnamese citizen or resident to undermine that loyalty.”

Procedural Posture

SOR issuedFeb 23, 2004
Answer filedMar 9, 2004
Hearing heldAug 12, 2004
Decision dateSep 29, 2004

Cite For

Foreign Influence Considerations Under Guideline B
Mitigating Conditions Related to Family Ties and Foreign Contacts
Applicant's Loyalty to the United States Despite Foreign Family Connections

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 has two sisters who are citizens and residents of Vietnam.	For Applicant	Sibling in Foreign Country Immediate Family	Vietnam	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.b	Applicant's sisters are not agents of Vietnam and are not in a position to be exploited by Vietnam.	For Applicant	Sibling in Foreign Country Immediate Family	Vietnam	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.c	Applicant's contact with his in-laws, who are citizens and residents of Vietnam, is casual and infrequent.	For Applicant	In Law in Foreign Country Immediate Family	Vietnam	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.d	Applicant's sisters do not support the communist way of life and actively worked against the Communists during the war.	For Applicant	Sibling in Foreign Country Immediate Family	Vietnam	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.e	Applicant has lived in the United States for the last 28 years and does not consider himself close to his sisters.	For Applicant	Sibling in Foreign Country Immediate Family	Vietnam	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.f	Applicant's loyalty is to the United States and he would not allow his relationship to any Vietnamese citizen or resident to undermine that loyalty.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk	Credited Severed Foreign Contact Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has two sisters who are citizens and residents of Vietnam.

For Applicant

Sibling in Foreign Country

Immediate Family

Vietnam

Denied

(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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.b

Applicant's sisters are not agents of Vietnam and are not in a position to be exploited by Vietnam.

For Applicant

Sibling in Foreign Country

Immediate Family

Vietnam

Denied

(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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.c

Applicant's contact with his in-laws, who are citizens and residents of Vietnam, is casual and infrequent.

For Applicant

In Law in Foreign Country

Immediate Family

Vietnam

Denied

(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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.d

Applicant's sisters do not support the communist way of life and actively worked against the Communists during the war.

For Applicant

Sibling in Foreign Country

Immediate Family

Vietnam

Denied

(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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.e

Applicant has lived in the United States for the last 28 years and does not consider himself close to his sisters.

For Applicant

Sibling in Foreign Country

Immediate Family

Vietnam

Denied

(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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.f

Applicant's loyalty is to the United States and he would not allow his relationship to any Vietnamese citizen or resident to undermine that loyalty.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

(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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a–2.f	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.f

6 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES