ISCR Case 04-12449.h1

Case Headnote

ISCR Case No. 04-12449.h1

deniedAug 21, 2006· Hon. Darlene Lokey Anderson· hearing

Summary

A 55-year-old naturalized U.S. citizen, originally from Afghanistan, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and J (Criminal Conduct). The applicant's foreign connections included acquaintances with several Afghan government officials between 2002 and 2004, and he possessed an Afghan diplomatic passport, indicating dual citizenship which he had not renounced. While his wife, four children, and extended family reside in the U.S., the applicant had accepted foreign benefits or education and had traveled to Germany in 2002 for a conference related to forming an interim Afghan government.

Additionally, the applicant had a history of criminal conduct, including an arrest, charge, and conviction for Assault and Battery on November 11, 2001. He was found guilty, served jail time, and was fined approximately $100. The incident involved him becoming upset and spitting, with witnesses claiming he spit in a nurse's face.

Furthermore, the applicant intentionally falsified his security clearance application dated August 5, 2004. He falsely answered "NO" to questions about prior military service, failing to disclose his service as a Lieutenant in the Afghan military from 1973 to 1975. He also falsely answered "NO" regarding possession of a foreign passport in the last seven years, omitting his Afghan diplomatic passport. The judge found that these issues were not sufficiently mitigated by evidence of reform or rehabilitation, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's foreign preference was evidenced by his service in the Afghan government and possession of an Afghan diplomatic passport.
The applicant's criminal conduct included a conviction for Assault and Battery, which raised concerns about his judgment and reliability.
The applicant intentionally falsified his security clearance application, failing to disclose military service and possession of a foreign passport.

Conditions Referenced

Disqualifying

AG ¶ 17raisedForeign Preference
AG ¶ 6raisedForeign Influence
AG ¶ 30raisedCriminal Conduct
AG ¶ 15raisedPersonal Conduct

Key Rule Quoted

“An individual who demonstrates that he has foreign connections may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedAug 16, 2005
Answer filedSep 25, 2005
Hearing heldMay 22, 2006rescheduled from May 18, 2006
Decision dateAug 21, 2006

Cite For

Foreign Influence Concerns Due to Foreign Government Service
Criminal Conduct Impacting Security Clearance Eligibility
Intentional Falsification of Security Clearance Application as a Disqualifying Factor

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	While the Applicant was in Afghanistan between 2002 and 2004, he became acquainted with the Afghanistan President, the Minister of Foreign Affairs, the Minister of Agriculture, the Deputy Minister of Information, and the Minister of Defense and Commander of the Kabul Military Training Center.	Against Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Afghanistan	Denied	—	—	—
2.b	The Applicant's wife, four children, and extended family including his mother, three brothers and three sisters, his mother in law, father-in-law, four sisters-in law, four brothers- in-laws and other extended family all reside in the United States.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

While the Applicant was in Afghanistan between 2002 and 2004, he became acquainted with the Afghanistan President, the Minister of Foreign Affairs, the Minister of Agriculture, the Deputy Minister of Information, and the Minister of Defense and Commander of the Kabul Military Training Center.

Against Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Afghanistan

Denied

—

2.b

The Applicant's wife, four children, and extended family including his mother, three brothers and three sisters, his mother in law, father-in-law, four sisters-in law, four brothers- in-laws and other extended family all reside in the United States.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant has acted in such a way as to show a preference for another country over the United States.	Against Applicant	Foreign Military or Government Service	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	The Applicant possesses an Afghan diplomatic passport.	Against Applicant	Foreign Passport Possession or Use	Admitted	(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	The Applicant has dual citizenship.	Against Applicant	Foreign Citizenship Acquisition or Application	Unknown	(a) applying for and/or acquiring citizenship in any other country	—	—
1.d	The Applicant has not renounced his foreign citizenship.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Unknown	(a) applying for and/or acquiring citizenship in any other country	—	—
1.e	The Applicant has accepted foreign benefits or education.	Against Applicant	Foreign Benefits or Education	Unknown	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant has acted in such a way as to show a preference for another country over the United States.

Against Applicant

Foreign Military or Government Service

Admitted

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

—

1.b

The Applicant possesses an Afghan diplomatic passport.

Against Applicant

Foreign Passport Possession or Use

Admitted

(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

The Applicant has dual citizenship.

Against Applicant

Foreign Citizenship Acquisition or Application

Unknown

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

—

1.d

The Applicant has not renounced his foreign citizenship.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Unknown

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

—

1.e

The Applicant has accepted foreign benefits or education.

Against Applicant

Foreign Benefits or Education

Unknown

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

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	The Applicant completed a security clearance application dated August 5, 2004. Question 11 of the application asked him to if he has ever served in the military to include the Reserves, National Guard, Merchant Marines and Foreign Military Service. The Applicant answered, "NO". This was a false answer. He failed to list that he served as a Lieutenant in the Afghanistan military services from approximately 1973 through 1975.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—
4.b	Question 15 of the same application asked the Applicant if in the last seven years he had an active passport that was issued by a foreign government. The Applicant answered, "No". This was a false answer. The Applicant failed to list that he possessed a Diplomatic passport issued by the Afghanistan government which was extended to February 27, 2004.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—
4.c	Question 16 of the same application asked the Applicant if he has traveled outside of the United States on other than official United States orders in the last seven years. The Applicant answered, "YES', and listed travel in 1996 and 2000. He failed to disclose that he traveled to Germany in 2002 to attend a conference where an interim government for the country of Afghanistan was being formed.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

The Applicant completed a security clearance application dated August 5, 2004. Question 11 of the application asked him to if he has ever served in the military to include the Reserves, National Guard, Merchant Marines and Foreign Military Service. The Applicant answered, "NO". This was a false answer. He failed to list that he served as a Lieutenant in the Afghanistan military services from approximately 1973 through 1975.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

4.b

Question 15 of the same application asked the Applicant if in the last seven years he had an active passport that was issued by a foreign government. The Applicant answered, "No". This was a false answer. The Applicant failed to list that he possessed a Diplomatic passport issued by the Afghanistan government which was extended to February 27, 2004.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

4.c

Question 16 of the same application asked the Applicant if he has traveled outside of the United States on other than official United States orders in the last seven years. The Applicant answered, "YES', and listed travel in 1996 and 2000. He failed to disclose that he traveled to Germany in 2002 to attend a conference where an interim government for the country of Afghanistan was being formed.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant has a history or pattern of criminal activity that creates doubt about his judgment, reliability and trustworthiness that could result in the compromise of classified information.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	The Applicant's arrest, charge and conviction for Assault and Battery discussed above occurred on November 11, 2001.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	The Applicant was found guilty of the charge. He spent some time in jail and was then released. He was fined approximately $100.00.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	The circumstances of the Applicant's conviction for Assault and Battery involved an incident where he became upset and spit on the floor, with witnesses stating he spit in a nurse's face, though he claimed provocation.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	The Applicant's criminal conduct that includes an arrest, charge and conviction for Assault and Battery has not been mitigated by sufficient evidence of reform and rehabilitation.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant has a history or pattern of criminal activity that creates doubt about his judgment, reliability and trustworthiness that could result in the compromise of classified information.

Against Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

The Applicant's arrest, charge and conviction for Assault and Battery discussed above occurred on November 11, 2001.

Against Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

The Applicant was found guilty of the charge. He spent some time in jail and was then released. He was fined approximately $100.00.

Against Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

The circumstances of the Applicant's conviction for Assault and Battery involved an incident where he became upset and spit on the floor, with witnesses stating he spit in a nurse's face, though he claimed provocation.

Against Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

The Applicant's criminal conduct that includes an arrest, charge and conviction for Assault and Battery has not been mitigated by sufficient evidence of reform and rehabilitation.

Against Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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