ISCR Case 97-0197.h1

Case Headnote

ISCR Case No. 97-0197.h1

grantedJun 26, 1997· Hon. John R. Erck· hearing

Summary

This case involved a 38-year-old dual citizen of the United States and Country X who sought a security clearance. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Specifically, allegations included that the applicant held and traveled with a passport from Country X, registered for its military service, voted in a local election there between 1994 and 1996, and intended to vote in future elections. Additionally, the applicant's spouse was employed locally by the Navy of Country X.

The judge ultimately granted the security clearance. The decision noted that the applicant's dual citizenship stemmed from his birth circumstances, not a preference for Country X. He provided credible testimony affirming his primary allegiance to the United States, which was further supported by his education and employment history within the U.S.

The applicant successfully demonstrated that his connections to Country X were mainly to fulfill legal obligations, thereby mitigating concerns about foreign preference. The judge found that the applicant's ties to the U.S. and his explanations for his actions sufficiently addressed the security concerns.

Why the Applicant Prevailed

The applicant demonstrated that his dual citizenship was a result of his birth circumstances and not a preference for Country X.
He provided credible testimony regarding his principal allegiance to the United States, supported by his education and employment history in the U.S.
The applicant's connections to Country X were primarily to fulfill legal obligations, mitigating concerns about foreign preference.

Conditions Referenced

Disqualifying

C1raisedExercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
C3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
C8raisedVoting in Foreign Elections
B1raisedForeign Influence Due to Spouse's Citizenship and Employment

Mitigating

C1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
C3appliedActivity Is Sanctioned by the United States
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedForeign Influence Mitigated by Honesty and Income Disparity

Key Rule Quoted

“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedMar 18, 1997
Answer filedMar 24, 1997
Hearing heldMay 29, 1997
Decision dateJun 26, 1997

Cite For

Mitigation of Foreign Preference Due to Legal Obligations
Credibility of Applicant's Allegiance to the U.S. Based on Personal History
Impact of Spouse's Foreign Citizenship on Security Clearance Decisions

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
1.a	Applicant holds and has traveled with the passport of Country X	For Applicant	Unspecified Foreign Relationship Other	Country X	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	—
1.b	Applicant has registered for the military service of that Country	For Applicant	Unspecified Foreign Relationship Other	Country X	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	—
1.c	Applicant had voted in a local election in that Country between 1994 and 1996	For Applicant	Unspecified Foreign Relationship Other	Country X	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	—
1.d	Applicant intends to vote in future elections of that Country	For Applicant	Unspecified Foreign Relationship Other	Country X	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	—
1.e	Applicant's spouse is employed locally by the Navy of Country X	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Country X	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant holds and has traveled with the passport of Country X

For Applicant

Unspecified Foreign Relationship

Other

Country X

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

—

1.b

Applicant has registered for the military service of that Country

For Applicant

Unspecified Foreign Relationship

Other

Country X

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

—

1.c

Applicant had voted in a local election in that Country between 1994 and 1996

For Applicant

Unspecified Foreign Relationship

Other

Country X

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

—

1.d

Applicant intends to vote in future elections of that Country

For Applicant

Unspecified Foreign Relationship

Other

Country X

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

—

1.e

Applicant's spouse is employed locally by the Navy of Country X

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Country X

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The SOR alleges that Applicant holds and has traveled with the passport of Country X	For Applicant	Foreign Passport Possession or Use	Admitted	—	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.b	that he has registered for the military service of that Country	For Applicant	Foreign Military or Government Service	Admitted	—	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.c	that he had voted in a local election in that Country between 1994 and 1996	For Applicant	Foreign Voting	Admitted	—	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.d	that he intends to vote in future elections of that Country	For Applicant	Foreign Voting	Admitted	—	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.e	that Applicant's spouse is employed locally by the Navy of Country X	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The SOR alleges that Applicant holds and has traveled with the passport of Country X

For Applicant

Foreign Passport Possession or Use

Admitted

—

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.b

that he has registered for the military service of that Country

For Applicant

Foreign Military or Government Service

Admitted

—

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.c

that he had voted in a local election in that Country between 1994 and 1996

For Applicant

Foreign Voting

Admitted

—

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.d

that he intends to vote in future elections of that Country

For Applicant

Foreign Voting

Admitted

—

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.e

that Applicant's spouse is employed locally by the Navy of Country X

For Applicant

Unspecified Foreign Preference

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

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