When an applicant for a security clearance is denied, the Department of Defense will issue a “statement of reasons” to the applicant advising him of the basis for the decision. The applicant may then request a hearing for review of that decision, and, if still unsatisfied, appeal that determination.
Each month the Defense Office of Hearings and Appeals releases decisions of the appealed cases. Below is a highlight from the November decisions.
“SELECTIVE MEMORY LOSS” – CASE NO. 12-09989
Facts:
The security clearance applicant in this case is an Iranian-born man who came to the U.S. in the late 1970s, and soon become a naturalized citizen. He briefly returned to Iran in the early 2000s. He stated that, at the time, he had a US passport, plus authorization to enter Iran for three months. He further claimed that his US passport was the only one he had. (NB: Iran does not recognize dual nationality. If a person was born in Iran, regardless of subsequent naturalization, he must present an Iranian passport to enter the country.)
In 2003, the applicant completed a security clearance application (SCA) in which he denied holding a foreign passport, but acknowledging his visit to Iran. Several years later, he completed another SCA, again denying that he held a passport from a foreign country. In completing his most recent SCA, he acknowledged having held an Iranian passport that had expired in the late 1980s.
Security concerns based on Guideline E, “Personal Conduct” supported the denial of his security clearance application, which he appealed.
Result:
Clearance denial affirmed. The Judge concluded the applicant’s statements regarding his Iranian passport were deliberately false, given his multiple inconsistent statements. On appeal, the Board found the Judge examined the relevant data and articulated a satisfactory explanation for her decision. Therefore, she weighed the evidence in a manner that was not arbitrary, capricious, or contrary to law.
Read more about the effect of lying on your security clearance application.
Foreign influence and foreign preference are among the top ten reasons for applicants to be denied a security clearance. In the instance above, however, it’s clear that the applicant failed to list his foreign passport, which he had used for travel into and out of Iran. After multiple security clearance applications, he finally admitted possessing the passport. The issue wasn’t his connections to Iran or even his travel to the country, but personal misconduct – the deceit in his security clearance application.
False information on a security clearance application can be mitigated if the overlook was indeed accidental. But such a pattern of intentional deceit is guaranteed to eliminate any chance of obtaining a clearance.
