Summary
A 42-year-old software engineer, born in Taiwan, had her DoD security clearance granted after a review under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). She has held a security clearance since 1986. The Statement of Reasons detailed extensive family ties in Taiwan, including parents, a brother, a sister, and in-laws, all of whom are citizens and residents there. Her father-in-law was a Captain in the Taiwan Navy, retiring over 20 years ago, and her brother-in-law retired as a Captain in the Taiwan Navy around 2003. The applicant maintains regular contact with her parents and sister and has traveled to Taiwan multiple times, using her Taiwan passport on one occasion in 1995. Her parents also purchased an apartment for her in Taiwan, which she does not use.
Concerns were also raised regarding her response to a question on her December 2002 security clearance application about foreign passports. She answered "No" to having an active foreign passport in the last seven years, despite renewing her Taiwan passport in May 1995. However, it was determined she did not intentionally falsify information, as she understood "active" to mean having used the passport, which she had not. Additionally, May 1995 fell outside the seven-year reporting period for the December 2002 application.
The judge found that the applicant mitigated the concerns, establishing a strong commitment to the U.S. and her responsibilities with classified information. Witnesses attested to her trustworthiness and reliability in handling classified material, and her family ties in Taiwan were not deemed an unacceptable risk. Consequently, her security clearance was granted.
Why the applicant prevailed
- The applicant established a strong commitment to the U.S. and her responsibilities regarding classified information.
- Witnesses testified to the applicant's trustworthiness and reliability in handling classified material.
- The applicant's family ties in Taiwan were deemed not to pose an unacceptable risk.
Conditions referenced
- B.1.araisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.braisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.craisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.draisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.eraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.fraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.graisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.hraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.iraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.jraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.kraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1.lraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B.1appliedA Determination That the Immediate Family Member(s) in Question Would Not Constitute an Unacceptable Risk.
- B.3appliedContacts with [her Father-in-law and Brother-in-law] Are Casual and Infrequent.
- E.2appliedThe Applicant Did Not Intentionally Falsify Material Facts on Her Security Clearance Application.
Key rule quoted
“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.”
Procedural posture
- SOR issuedDec 21, 2004
- Answer filedJan 14, 2005
- Hearing heldMay 24, 2005
- Decision dateJul 19, 2005
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Personal Conduct in Security Clearance Cases
- Importance of Witness Testimony in Establishing Trustworthiness