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ISCR Case 02-31633.h1 — CASE

ISCR Case 02-31633.h1granted

Case Headnote

ISCR Case No. 02-31633.h1

grantedDec 30, 2003· Hon. Joseph Testan· hearing

Summary

A 40-year-old defense contractor was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to his wife and stepson being citizens of Thailand and residing with him in the United States. Further concerns were raised because his in-laws are also citizens of Thailand and live in Thailand.

The Statement of Reasons cited disqualifying conditions related to foreign influence. However, the judge applied mitigating conditions, ultimately determining that the applicant's immediate family members were not agents of Thailand and could not be exploited to compromise U.S. loyalty.

The decision highlighted a lack of evidence indicating close ties of affection or obligation to the applicant's in-laws in Thailand. Consequently, the likelihood of Thailand exploiting its citizens to pressure the applicant was deemed low, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant's immediate family members are not agents of Thailand and cannot be exploited to compromise U.S. loyalty.
There is no evidence of close ties of affection or obligation to the applicant's in-laws in Thailand.
The likelihood of Thailand exploiting its citizens to pressure the applicant is deemed low.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen or Resident of a Foreign Country.
E2.A2.1.2.3raisedRelatives Who Are Connected to Any Foreign Government.

Mitigating

E2.A2.1.3.1appliedImmediate Family Member Is Not an Agent of the Foreign Power or in a Position to Be Exploited.
E2.A2.1.3.3appliedContacts with Foreign Citizens Are Casual and Infrequent.

Key Rule Quoted

“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”

Procedural Posture

SOR issuedMar 3, 2003
Answer filedMar 31, 2003
Hearing held—Determined on a written record.
Decision dateDec 30, 2003

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
Evaluation of Family Ties and Their Impact on Security Clearance
Consideration of Casual and Infrequent Contacts with Foreign Citizens

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant's wife and stepson are citizens of Thailand living with him in the United States. The judge found that neither these immediate family members nor the applicant's in-laws living in Thailand raised a significant security concern under Guideline B, leading to the granting of the security clearance.

U.S. ties the decision noted: U.S. Spouse or Partner · U.S. Home or Property

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's wife and stepson are citizens of Thailand living with applicant in the United States.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Thailand	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b	Applicant's in-laws are citizens of Thailand living in Thailand.	For Applicant	In Law in Foreign Country Immediate Family	Thailand	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: December 30, 2003 In Re: ------------------ SSN: ----------- Applicant for Security Clearance ISCR Case No. 02-31663 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

SYNOPSIS Applicant's wife and stepson are citizens of Thailand living with applicant in the United States. Neither these immediate family members nor applicant's in-laws living in Thailand raise a significant security concern under Guideline B. Clearance is granted.

STATEMENT OF CASE

On March 3, 2003, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked. Applicant responded to the SOR in writing on March 31, 2003, and elected to have his case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about July 21, 2003. Applicant responded to the FORM on August 21, 2003. The case was assigned to me on September 9, 2003.

FINDINGS OF FACT

Applicant is a 40 year old employee of a defense contractor. Applicant was born in the United States. In 1995, he married a citizen of Thailand. They live in the United States with the wife's 18 year old son. At the present time, both the wife and son, who have Permanent Residence Status in the United states, are citizens of Thailand. The wife has no interest in becoming a United States citizen. Applicant's wife's parents are citizens of Thailand currently living in Thailand. They are retired rice farmers. Applicant's wife has five brothers, all of whom are citizens and residents of Thailand. Two of the brothers are Thai policemen. Except for the two policemen, none of these family members is connected to the government of Thailand. Applicant visits his wife's family in Thailand every three to four years. His last trip took place in August 2001.

POLICIES

Enclosure 2 of the Directive sets forth Guidelines (divided into Conditions that could raise a security concern and conditions that could mitigate security concerns) which must be followed by the Administrative Judge. Based on the foregoing Findings of Fact, the following Disqualifying Factors and Mitigating Factors are applicable: Foreign Influence The Concern: A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress. These situations could create the potential for foreign influence that could result in the compromise of classified information. Contacts with citizens of other countries or financial interests in other countries are also relevant to security determinations if they make an individual potentially vulnerable to coercion, exploitation, or pressure. Conditions that could raise a security concern: E2.A2.1.2.1: An immediate family member is a citizen or resident of a foreign country. E2.A2.1.2.3: Relatives who are connected to any foreign government. Conditions that could mitigate security concerns: E2.A2.1.3.1: The immediate family member in question is not an agent of the foreign power or in a position to be exploited by the foreign power in a way that could force applicant to choose between loyalty to the immediate family member and the United States. E2.A2.1.3.3: Contacts with foreign citizens (relatives living in Thailand) are casual and infrequent.

CONCLUSION

With respect to applicant's immediate family members (his wife and stepson), I conclude that they are not agents of Thailand, or in a position to be exploited by Thailand in a way that could force applicant to choose between loyalty to them and loyalty to the United States. (1) With respect to applicant's parents-in-law and bothers-in-law, all of whom are citizens and residents of Thailand, there is no evidence that applicant has close ties of affection or obligation to any of them. In addition, although two of applicant's brothers-in-law are Thai policemen, it is highly unlikely that Thailand would risk its close relationship with the United States by exploiting/threatening its private citizens for the purpose of forcing a United States citizen to betray the United States. Based on these facts, Guideline B is found for applicant.

FORMAL FINDINGS

GUIDELINE B: FOR THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant. ____________________________ Joseph Testan Administrative Judge 1. Accordingly, Mitigating Condition 1 is applicable to this case.

FOOTNOTES

02-31633.h1 FOR GOVERNMENT Melvin A. Howry, Department Counsel FOR APPLICANT Pro Se file:///usr.osd.mil/...omputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/02-31633.h1.html[6/24/2021 11:18:36 AM] 02-31633.h1