KEYWORD: Guideline C; Guideline B
DIGEST: The Judge noted Applicant’s retention of his Iranian passport with intent for future use
as well as his retention of Iranian citizenship.  The Judge considered these matters in light of
Iran’s hostility to US interests.  Based on these findings the Judge’s adverse decision is
sustainable.
CASENO: 06-24818.a1
DATE: 10/24/2007
DATE: October 24, 2007
In Re:
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Applicant for ADP I/II/III Position
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ADP Case No. 06-24818
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a
trustworthiness determination.  On February 7, 2007, DOHA issued a statement of reasons (SOR)
advising Applicant of the basis for that decision–trustworthiness concerns raised under Guideline
C (Foreign Preference) and Guideline B (Foreign Influence) of Department of Defense Directive
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5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a decision on the written record.
On May 31, 2007, after considering the record, Administrative Judge Mark W. Harvey denied
Applicant’s request for a favorable trustworthiness determination.  Applicant filed a timely appeal
pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant has raised the following issue on appeal: whether the Judge’s adverse
trustworthiness determination under Guidelines C and B is arbitrary, capricious, and contrary to law.
Finding no error, we affirm.
The Judge found that Applicant was born in Iran in 1978.  Though he became a U.S. citizen
in 2003, Applicant admitted that he has exercised dual citizenship.  He has maintained an Iranian
passport since 1978 in order to travel to Iran and visit relatives.  He intends to use the passport in the
future.  Applicant’s parents were born in Iran but live in the U.S. as permanent residents.  Iran is an
active state sponsor of terrorism and is attempting to obtain weapons of mass destruction.  The
Iranian government has harassed and detained dual citizens of the United States and Iran.  
The Appeal Board may reverse the Judge’s decision to grant, deny, or revoke a
trustworthiness determination if the decision is arbitrary, capricious, or contrary to law.  See
Directive ¶¶ E3.1.32.3 and E3.1.33.3.  Once the government presents evidence raising
trustworthiness concerns, the burden shifts to the applicant to establish any appropriate mitigating
conditions.  See Directive  ¶  E3.1.15.  “The application of disqualifying and mitigating conditions
and whole person factors does not turn simply on a finding that one or more of them apply to the
particular facts of a case.  Rather, their application requires the exercise of sound discretion in light
of the record evidence as a whole.”  See ADP Case No. 05-12037 at 3 (App. Bd. May 10, 2007).  A
trustworthiness determination must be guided by common sense in light of the record as a whole.
See Directive ¶ E2.2.3.
In evaluating Applicant’s Guideline C trustworthiness concerns, the Judge noted Applicant’s
retention of an Iranian passport with intent for future use.  He also noted the fact that Applicant’s
responses to the SOR and to the File of Relevant Material do not contain an expression of
willingness to renounce his Iranian citizenship.  When viewed in light of the hostile nature of the
Iranian regime to U.S. interests, the Judge concluded that Applicant had not met his burden of
persuasion.  Based on its review of the findings and the record as a whole, the Board concludes that
the Judge’s unfavorable trustworthiness determination is neither arbitrary, capricious, nor contrary
to law.  In light of this conclusion, the Board need not address the appeal issues raised under
Guideline B.
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Order
The Judge’s unfavorable trustworthiness determination is AFFIRMED.
Signed: Michael Y. Ra’anan             
Michael Y. Ra’anan
Administrative Judge
Chairman, Appeal Board
Signed: Jean E. Smallin              
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: James E. Moody            
James E. Moody
Administrative Judge
Member, Appeal Board