ISCR Case 02-30939.h1

Case Headnote

ISCR Case No. 02-30939.h1

grantedDec 3, 2003· Hon. Wilford H. Ross· hearing

Summary

A 38-year-old naturalized American citizen with a Doctorate in Electrical Engineering sought to retain his Secret-level DoD security clearance. Concerns were raised under Guideline B (Foreign Influence) due to his family ties in Greece and the Netherlands. Specifically, the Government noted that the Applicant has immediate family members who are not U.S. citizens, his father was a general in the Greek Army before retiring in 1970, and his in-laws are citizens of the Netherlands. Additionally, the Applicant and his brother were deeded a piece of property in Greece by their parents.

Disqualifying conditions B1, B3, and B8 were raised, but the Administrative Judge applied mitigating conditions B1, B3, and B5. The Applicant successfully demonstrated that his father has had no connections to the Greek government since his 1970 retirement. Furthermore, the Applicant's financial interests in Greece were deemed not substantial enough to pose a security risk, and he provides no monetary support for his parents.

The Judge concluded that the Applicant's relationships with his family members were not close enough to suggest vulnerability to foreign influence. Based on these findings, the Applicant's security clearance was GRANTED.

Why the Applicant Prevailed

The Applicant's father has had no connections to the Greek government since his retirement in 1970.
The Applicant's financial interests in Greece are not substantial enough to pose a security risk.
The Applicant's relationships with his family members are not close enough to suggest vulnerability to foreign influence.

Conditions Referenced

Disqualifying

B1raisedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B3raisedForeign Influence - Relatives Connected with Any Foreign Government.
B8raisedForeign Influence - Substantial Financial Interest in a Foreign Country.

Mitigating

B1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.
B3appliedForeign Influence - Contact with Foreign Citizens Is Casual and Infrequent.
B5appliedForeign Influence - Foreign Financial Interests Are Minimal.

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.”
— Executive Order 10865

Procedural Posture

SOR issuedFeb 18, 2003
Answer filedMar 11, 2003
Hearing heldJul 23, 2003
Decision dateDec 3, 2003

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Family Connections and Their Current Status in Security Clearance Determinations
Evaluation of Financial Interests in Foreign Countries in Relation to Security Risks

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	The Applicant is ineligible for clearance because he has members of his immediate family who are not citizens of the United States and/or may be subject to duress.	For Applicant	Parent in Foreign Country Immediate Family	Greece LOW RISK / ALLY	Denied	—	(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 (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.b	The Applicant's father was a general in the Greek Army before retiring in 1970.	For Applicant	Parent in Foreign Country Immediate Family	Greece LOW RISK / ALLY	Denied	—	(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 (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.c	The Applicant's in-laws are citizens of the Netherlands.	For Applicant	In Law in Foreign Country Immediate Family	Netherlands LOW RISK / ALLY	Denied	—	(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 (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.d	The Applicant's financial interests in Greece are not substantial enough in this case to be of security significance.	For Applicant	Foreign Real Estate Financial or Property Interest	Greece LOW RISK / ALLY	Denied	—	(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 (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.e	The Applicant's parents have deeded over to the Applicant and his brother a piece of property that the parents owned in Greece.	For Applicant	Foreign Real Estate Financial or Property Interest	Greece LOW RISK / ALLY	Denied	—	(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 (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.f	The Applicant provides no monetary support for his parents.	For Applicant	Failure to Disclose Foreign Association Immediate Family	—	Denied	—	(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 (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant is ineligible for clearance because he has members of his immediate family who are not citizens of the United States and/or may be subject to duress.

For Applicant

Parent in Foreign Country

Immediate Family

Greece

LOW RISK / ALLY

Denied

—

(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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.b

The Applicant's father was a general in the Greek Army before retiring in 1970.

For Applicant

Parent in Foreign Country

Immediate Family

Greece

LOW RISK / ALLY

Denied

—

(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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.c

The Applicant's in-laws are citizens of the Netherlands.

For Applicant

In Law in Foreign Country

Immediate Family

Netherlands

LOW RISK / ALLY

Denied

—

(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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.d

The Applicant's financial interests in Greece are not substantial enough in this case to be of security significance.

For Applicant

Foreign Real Estate

Financial or Property Interest

Greece

LOW RISK / ALLY

Denied

—

(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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.e

The Applicant's parents have deeded over to the Applicant and his brother a piece of property that the parents owned in Greece.

For Applicant

Foreign Real Estate

Financial or Property Interest

Greece

LOW RISK / ALLY

Denied

—

(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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.f

The Applicant provides no monetary support for his parents.

For Applicant

Failure to Disclose Foreign Association

Immediate Family

—

Denied

—

(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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

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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

STATEMENT OF CASE

FORMAL FINDINGS

DECISION

FOOTNOTES