ISCR Case 04-02305.h1

Case Headnote

ISCR Case No. 04-02305.h1

deniedSep 17, 2005· Hon. Barry M. Sax· hearing

Summary

A 32-year-old native-born U.S. citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The applicant held dual citizenship with Turkey, a status acquired through his parents' actions at his birth in 1972. He possessed a valid Turkish passport, which he had renewed in 1992 and 2003, and used for travel to Turkey in 1986, 1988, 1993, 1996, and 2003. He stated he wished to maintain his Turkish heritage and might return there upon retirement.

The applicant's foreign connections included three uncles and one aunt residing in Turkey. During a January 2004 interview, he confirmed possessing a valid Turkish passport, renewed in June 2003, despite also holding a U.S. passport. He explained he used the Turkish passport to expedite entry into Turkey, believing it was required by Turkish authorities for citizens. The applicant also failed to disclose his Turkish passport and 1996 travel to Turkey on his January 2003 security clearance application (SF 86), though it was determined this omission was not intentional falsification.

The denial was based on the applicant's retention of a valid Turkish passport, which was found to violate Department of Defense policy requiring its surrender for clearance eligibility. The judge concluded that adequate mitigation of the security concerns related to foreign preference and influence had not been established.

Why the Applicant Was Denied

Applicant retains a valid Turkish passport, which violates DoD policy requiring its surrender for clearance eligibility.
Adequate mitigation of security concerns related to foreign preference and influence has not been established.

Conditions Referenced

Disqualifying

C1raisedDual Citizenship
C2raisedPossession and Use of a Foreign Passport

Mitigating

B1appliedCitizenship Based on Parents' Nationality
E3appliedNo Intent to Falsify Information

Key Rule Quoted

“consistent application of the guideline [C] requires that any clearance be denied or revoked unless the applicant surrenders the foreign passport or obtains official approval for its use from the appropriate agency of the United States Government.”

Procedural Posture

SOR issuedMar 4, 2005
Answer filedMar 24, 2005Applicant elected for a decision on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateSep 17, 2005

Cite For

Denial of Clearance Due to Retention of Foreign Passport Under Guideline C
Impact of Dual Citizenship on Security Clearance Eligibility
Mitigation of Foreign Influence Concerns When Family Ties Are Minimal.

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
2.a	Applicant has three uncles and one aunt who are citizens and residents of Turkey.	For Applicant	Extended Family in Foreign Country Extended Family	Turkey	Admitted	—	—	—
2.b	Applicant traveled to Turkey in 1986, 1988, 1993, 1996, and 2003. He wants to maintain his Turkish heritage and may return there when he retires.	For Applicant	Unspecified Foreign Relationship Other	Turkey	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has three uncles and one aunt who are citizens and residents of Turkey.

For Applicant

Extended Family in Foreign Country

Extended Family

Turkey

Admitted

—

2.b

Applicant traveled to Turkey in 1986, 1988, 1993, 1996, and 2003. He wants to maintain his Turkish heritage and may return there when he retires.

For Applicant

Unspecified Foreign Relationship

Other

Turkey

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	At the time of the issuance of the SOR, Applicant exercised dual citizenship with the United States (U.S.). His Turkish citizenship was based on his birth in 1972 to Turkish parents then residing in the U.S. When traveling to Turkey at age 8, Applicant received a Turkish passport through the actions of his parents. He was a U.S. citizen by reason of his birth in the U.S., even though his parents apparently did not understand that fact. He exercised his Turkish citizenship by applying for and accepting the renewal of his Turkish passport in 1992 and again in 2002. He retains his Turkish citizenship and his still valid Turkish passport.	Against Applicant	Foreign Citizenship Acquisition or Application	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.	—	—
1.b	As of January 13, 2004, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant possessed a valid Turkish passport that was renewed on June 2, 2003, even though Applicant had a valid U.S. passport issued on November 15, 2002. The Turkish passport would expire on April 21, 2007. He renewed his Turkish passport in early June 2003 because he planned to travel to Turkey later that month. His understanding was that Turkish authorities required Turkish citizens to use a Turkish passport to enter and leave the country and he wished to avoid complications.	Against 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.	—	—
1.c	Applicant renewed his Turkish passport in 1992 and 2003 because he was planning vacations to that country and wanted to show his Turkish passport, along with his U.S. passport, to Turkish authorities.	Against 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.	—	—
1.d	Applicant used both his U.S. and Turkish passports to enter and exit Turkey in 1986, 1988, 1993, 1996, and 2003. He showed his Turkish passport in order to expedite entry into that country.	Against Applicant	Foreign Passport Possession or Use	Denied	(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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

At the time of the issuance of the SOR, Applicant exercised dual citizenship with the United States (U.S.). His Turkish citizenship was based on his birth in 1972 to Turkish parents then residing in the U.S. When traveling to Turkey at age 8, Applicant received a Turkish passport through the actions of his parents. He was a U.S. citizen by reason of his birth in the U.S., even though his parents apparently did not understand that fact. He exercised his Turkish citizenship by applying for and accepting the renewal of his Turkish passport in 1992 and again in 2002. He retains his Turkish citizenship and his still valid Turkish passport.

Against Applicant

Foreign Citizenship Acquisition or Application

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.

—

1.b

As of January 13, 2004, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant possessed a valid Turkish passport that was renewed on June 2, 2003, even though Applicant had a valid U.S. passport issued on November 15, 2002. The Turkish passport would expire on April 21, 2007. He renewed his Turkish passport in early June 2003 because he planned to travel to Turkey later that month. His understanding was that Turkish authorities required Turkish citizens to use a Turkish passport to enter and leave the country and he wished to avoid complications.

Against 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.

—

1.c

Applicant renewed his Turkish passport in 1992 and 2003 because he was planning vacations to that country and wanted to show his Turkish passport, along with his U.S. passport, to Turkish authorities.

Against 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.

—

1.d

Applicant used both his U.S. and Turkish passports to enter and exit Turkey in 1986, 1988, 1993, 1996, and 2003. He showed his Turkish passport in order to expedite entry into that country.

Against Applicant

Foreign Passport Possession or Use

Denied

(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.

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant did not intentionally falsify material facts in his January 9, 2003 security clearance application (SF 86) when he responded to Question "15 Your Foreign Activities - Passport In the past seven years, have held an active passport issued by a foreign government?" by answering "No" and deliberately failing to mention the Turkish passport cited above.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—
3.b	Applicant did not intentionally falsify material facts in his January 9, 2003 security clearance application (SF 86) when he responded to Question "16 Foreign Countries You have Visited Have you traveled outside the U.S. other than on official Government business during the past seven years," by answering "No" and deliberately failing to list his travel to Turkey in 1996.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant did not intentionally falsify material facts in his January 9, 2003 security clearance application (SF 86) when he responded to Question "15 Your Foreign Activities - Passport In the past seven years, have held an active passport issued by a foreign government?" by answering "No" and deliberately failing to mention the Turkish passport cited above.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

3.b

Applicant did not intentionally falsify material facts in his January 9, 2003 security clearance application (SF 86) when he responded to Question "16 Foreign Countries You have Visited Have you traveled outside the U.S. other than on official Government business during the past seven years," by answering "No" and deliberately failing to list his travel to Turkey in 1996.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES