ISCR Case 02-26826.h1

Case Headnote

ISCR Case No. 02-26826.h1

grantedMay 14, 2003· Hon. Richard A. Cefola· hearing

Summary

A 39-year-old U.S. citizen and defense contractor was granted a security clearance after an Administrative Judge found no current foreign influence or preference issues. The Applicant had previously served in the Turkish Navy from 1986 to 1995, following his attendance at the Turkish Naval Academy from 1982 to 1986. He became a U.S. citizen in March 2000 and obtained a U.S. passport in April 2000.

The Statement of Reasons raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), citing his past Turkish citizenship and military service, as well as the fact that his 65-year-old father, a retired Turkish Army member, his 70-year-old mother, and his younger sister and her husband, both doctors, are all citizens and residents of Turkey. Disqualifying conditions C2, C3, and B1 were initially raised.

However, the Applicant demonstrated that he renounced his Turkish citizenship and surrendered his Turkish passport, using only his U.S. passport for international travel since 2000. He also owns no property in Turkey. Mitigating conditions C2, C4, and B1 were applied, as there was no evidence that his immediate family members were connected to a foreign government or in a position to be exploited. The Administrative Judge concluded that national security would not be jeopardized, and the security clearance was granted.

Why the Applicant Prevailed

The Applicant renounced his Turkish citizenship and surrendered his Turkish passport after becoming a U.S. citizen.
He has only used his U.S. passport for travel since obtaining it.
There is no evidence that his immediate family members are connected to a foreign government or in a position to be exploited.

Conditions Referenced

Disqualifying

C2raisedPossession of a Foreign Passport
C3raisedMilitary Service for a Foreign Country
B1raisedAn Immediate Family Member Is a Citizen of a Foreign Country

Mitigating

C2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited

Key Rule Quoted

“An individual who demonstrates a foreign preference, or who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedDec 14, 2002
Answer filedDec 30, 2002
Hearing heldApr 2, 2003
Decision dateMay 14, 2003

Cite For

Mitigation of Foreign Preference Due to Renunciation of Citizenship
Absence of Foreign Influence From Immediate Family Members
Criteria for Evaluating Foreign Preference and Influence Under Guidelines B and C

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
2.a	The Applicant's 65 year old father is retired from the Turkish Army, and his 70 year old mother is a housewife.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Turkey	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	His younger sister is a medical doctor, and she is also married to a doctor.	For Applicant	Sibling in Foreign Country Immediate Family	Turkey	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	They are both citizens of and reside in Turkey.	For Applicant	Unspecified Foreign Relationship Other	Turkey	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d–2.f	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's 65 year old father is retired from the Turkish Army, and his 70 year old mother is a housewife.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Turkey

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.b

His younger sister is a medical doctor, and she is also married to a doctor.

For Applicant

Sibling in Foreign Country

Immediate Family

Turkey

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.c

They are both citizens of and reside in Turkey.

For Applicant

Unspecified Foreign Relationship

Other

Turkey

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.d–2.f

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant attended the Turkish Naval Academy from 1982~1986.	For Applicant	Foreign Military or Government Service	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	The Applicant served in the Turkish Navy and was Honorably Discharged in 1995.	For Applicant	Foreign Military or Government Service	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.c	The Applicant became a U.S. citizen in March of 2000.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.d	The Applicant obtained a U.S. passport in April of 2000.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.e	The Applicant has only used his U.S. passport to travel abroad since becoming a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.f	The Applicant has renounced his Turkish citizenship and surrendered his Turkish passport.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.g	The Applicant owns no property in Turkey.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
2.a–2.f	6 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant attended the Turkish Naval Academy from 1982~1986.

For Applicant

Foreign Military or Government Service

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

The Applicant served in the Turkish Navy and was Honorably Discharged in 1995.

For Applicant

Foreign Military or Government Service

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.c

The Applicant became a U.S. citizen in March of 2000.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.d

The Applicant obtained a U.S. passport in April of 2000.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.e

The Applicant has only used his U.S. passport to travel abroad since becoming a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.f

The Applicant has renounced his Turkish citizenship and surrendered his Turkish passport.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.g

The Applicant owns no property in Turkey.

For Applicant

Unspecified Foreign Preference

Admitted

—

2.a–2.f

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

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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES