Summary
This case concerns an applicant, a naturalized U.S. citizen originally from the People's Republic of China (PRC), seeking eligibility for an ADP II/III position. The Statement of Reasons raised concerns under Guideline B (Foreign Influence), citing that the applicant's mother, mother-in-law, and sister-in-law are all citizens and residents of the PRC. Additionally, two college acquaintances reside in the PRC, and the applicant traveled to the PRC five times between May 1997 and May 2003.
Despite these connections, the Department of Veterans Affairs (DVA) had previously granted the applicant eligibility for a noncritical sensitive position based on the same security investigation. The judge found this prior favorable determination sufficient to grant reciprocity for the Department of Defense's request.
The judge concluded that the applicant's infrequent contacts with family in the PRC did not pose an unacceptable security risk. The applicant's continuous service and the absence of any derogatory information since the DVA's determination further supported his eligibility. Consequently, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant had a favorable determination from the Department of Veterans Affairs (DVA) based on the same security investigation.
- The judge found that the applicant's contacts with family in the PRC were infrequent and did not constitute an unacceptable security risk.
- The applicant's continuous service and lack of derogatory information since the DVA determination supported his eligibility.
Conditions Referenced
- DC 1raisedForeign InfluenceThe applicant's immediate family members are citizens and residents of the PRC.
- MC 1appliedMitigating Condition 1The DVA determined that the applicant's family members did not constitute an unacceptable security risk.
- MC 3appliedMitigating Condition 3The applicant's contact with foreign citizens was found to be casual and infrequent.
Key Rule Quoted
“"The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security."”
Procedural Posture
- SOR issuedAug 15, 2005
- Answer filedSep 3, 2005
- Hearing heldFeb 28, 2006
- Decision dateApr 28, 2006
Cite For
- Reciprocity of Trustworthiness Determinations Under Guideline B
- Evaluation of Foreign Influence Based on Familial Ties
- Consideration of Prior Favorable Determinations From Other Federal Agencies.