ISCR Case 02-33639.h1

Case Headnote

ISCR Case No. 02-33639.h1

grantedApr 27, 2005· Hon. Michael H. Leonard· hearing

Summary

A 43-year-old U.S. citizen, who immigrated from Vietnam as a teenager, was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to family ties in Vietnam. The Statement of Reasons noted that the applicant's father and eight siblings reside in Vietnam, working as a retired fisherman, fishermen, and shopkeepers, respectively. None of these family members were found to have connections with the Vietnamese government, military, or any organization with an interest in U.S. classified information. The applicant maintained regular contact with his father, typically calling monthly, but provided no financial assistance to his siblings.

The applicant also demonstrated significant family ties within the U.S., including a brother, grandparents, three uncles, and numerous other relatives. Disqualifying conditions related to foreign influence were raised, but mitigating conditions were applied.

The clearance was granted because the applicant successfully demonstrated strong ties to the U.S. through education, employment, and citizenship. Furthermore, the applicant's family members in Vietnam were not connected to the Vietnamese government or military, and the applicant's financial interests were solely within the U.S., effectively reducing potential foreign influence concerns. The decision was based on the applicant's credible testimony and overall commitment to the U.S.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. through education, employment, and citizenship.
The applicant's family members in Vietnam are not connected to the Vietnamese government or military.
The applicant's financial interests are solely in the U.S., reducing potential foreign influence.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence

Mitigating

E2.A2.1.3.1appliedMitigating Condition 1The applicant's family members are not agents of a foreign power or in a position to be exploited.
E2.A2.1.3.5appliedMitigating Condition 5The applicant and his wife have no financial interests in Vietnam.

Key Rule Quoted

“The only purpose of a security-clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedJun 2, 2004
Answer filedJun 21, 2004
Hearing heldDec 27, 2004
Decision dateApr 27, 2005Decision delayed due to transcript issues.

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Cases
Consideration of Family Connections in Foreign Influence Determinations

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's father is a resident citizen of Vietnam. He is a retired fisherman. He has no connection with the Vietnamese government or military or with any organization or company that would have an interest in U.S. classified information.	For Applicant	Parent in Foreign Country Immediate Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
1.b	Applicant's eight siblings (brothers and sisters) are resident citizens of Vietnam. They all have rather work-a-day lives working as fishermen, shopkeepers, and the like. None of the siblings have connections with the Vietnamese government or military or with any organization or company that would have an interest in U.S. classified information.	For Applicant	Sibling in Foreign Country Immediate Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
1.c	Applicant has fairly regular contact with his father, perhaps calling once a month to check on his father's health and general welfare.	For Applicant	Parent in Foreign Country Immediate Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
1.d	In addition to these siblings, Applicant has one brother who is a resident citizen of the U.S. Also present in the U.S. are Applicant's grandparents, three uncles, and numerous other family members.	For Applicant	Unspecified Foreign Relationship Extended Family	Vietnam	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
1.e	Applicant provides no financial assistance to his siblings.	For Applicant	Unspecified Foreign Relationship Extended Family	Vietnam	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's father is a resident citizen of Vietnam. He is a retired fisherman. He has no connection with the Vietnamese government or military or with any organization or company that would have an interest in U.S. classified information.

For Applicant

Parent in Foreign Country

Immediate Family

Vietnam

Admitted

—

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

(e) promptly complied with reporting requirements

—

1.b

Applicant's eight siblings (brothers and sisters) are resident citizens of Vietnam. They all have rather work-a-day lives working as fishermen, shopkeepers, and the like. None of the siblings have connections with the Vietnamese government or military or with any organization or company that would have an interest in U.S. classified information.

For Applicant

Sibling in Foreign Country

Immediate Family

Vietnam

Admitted

—

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

(e) promptly complied with reporting requirements

—

1.c

Applicant has fairly regular contact with his father, perhaps calling once a month to check on his father's health and general welfare.

For Applicant

Parent in Foreign Country

Immediate Family

Vietnam

Admitted

—

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

(e) promptly complied with reporting requirements

—

1.d

In addition to these siblings, Applicant has one brother who is a resident citizen of the U.S. Also present in the U.S. are Applicant's grandparents, three uncles, and numerous other family members.

For Applicant

Unspecified Foreign Relationship

Extended Family

Vietnam

Admitted

—

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

(e) promptly complied with reporting requirements

—

1.e

Applicant provides no financial assistance to his siblings.

For Applicant

Unspecified Foreign Relationship

Extended Family

Vietnam

Denied

—

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

(e) promptly complied with reporting requirements

—

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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