ISCR Case 03-26096.h1

Case Headnote

ISCR Case No. 03-26096.h1

deniedSep 30, 2005· Hon. LeRoy F. Foreman· hearing

Summary

A 28-year-old naturalized U.S. citizen, born in Israel, was denied a security clearance due to concerns under Guideline C (Foreign Preference) and Guideline E (Personal Conduct). The Statement of Reasons (SOR) alleged that the applicant possessed an Israeli passport, issued in 1995 and extended in 2000, which expired in 2003. He extended this passport and used it to exit Israel in January 2001, both actions occurring after he became a U.S. citizen.

A primary concern under Guideline E was the applicant's falsification of his SF 86 on June 4, 2003. He answered "no" to a question asking if he had an active foreign passport within the last seven years, despite possessing the Israeli passport. While the foreign preference concern was mitigated by his renunciation of Israeli citizenship, the falsification of his security clearance application was not.

The denial was based on the finding that the applicant's falsification of the SF 86 was a deliberate omission. His explanations for this falsification were deemed implausible and disingenuous, undermining his credibility. Furthermore, the applicant did not demonstrate prompt, good-faith efforts to correct the falsification before being confronted with the facts.

Why the Applicant Was Denied

The applicant falsified his SF 86 by answering 'no' to possessing an active foreign passport, which was deemed a deliberate omission.
The applicant's explanations for the falsification were found implausible and disingenuous, undermining his credibility.
The applicant did not demonstrate prompt, good-faith efforts to correct the falsification before being confronted with the facts.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberate Omission or Falsification of Relevant and Material Facts From Any Personal Security Questionnaire.

Mitigating

E2.A5.1.3.2rejectedFalsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.The falsification was recent and not disclosed until questioned.
E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts.The applicant's disclosure was not prompt and occurred only after being questioned.
E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
E2.A3.1.3.4appliedIndividual Has Expressed Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“[N]o one has a 'right' to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJan 25, 2005
Answer filedMar 3, 2005
Hearing heldAug 23, 2005
Decision dateSep 30, 2005

Cite For

Denial of Security Clearance Due to Falsification of SF 86
Mitigation of Foreign Preference Concerns Under Guideline C
Credibility Issues Arising From Implausible Explanations for Omissions in Security Applications.

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The SOR alleges Applicant possessed an Israeli passport that was issued on July 2, 1995, extended on December 13, 2000, and expired on December 12, 2003.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
1.b	He extended his Israeli passport after he became a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
1.c	He used his Israeli passport to exit Israel in January 2001 after he became a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The SOR alleges Applicant possessed an Israeli passport that was issued on July 2, 1995, extended on December 13, 2000, and expired on December 12, 2003.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(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

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

Credited

Other

1.b

He extended his Israeli passport after he became a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(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

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

Credited

Other

1.c

He used his Israeli passport to exit Israel in January 2001 after he became a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(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

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

Credited

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his SF 86 on June 4, 2003, by answering "no" to the question whether he had an active foreign passport in the last seven years.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified his SF 86 on June 4, 2003, by answering "no" to the question whether he had an active foreign passport in the last seven years.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(b) deliberately providing false information to an investigator or official

—

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Case Profile

Summary

Why the Applicant Was Denied

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