FOR OFFICIAL USE ONLY
When unredacted this document contains information
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Exemption 6 applies
KEYWORD: Guideline B
DIGEST: Once the government presents evidence raising trustworthiness concerns, the burden
shifts to the Applicant to establish any appropriate mitigating conditions.  In this case the Judge
noted that Applicant had presented no information several aspects of his foreign contacts. 
Adverse decision affirmed.
CASENO: 05-10843.a1
DATE: 11/20/2007
DATE: November 20, 2007
In Re:
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Applicant for Trustworthiness Determination
                                                                                   
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ADP Case No. 05-10843
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a
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trustworthiness determination.  On December 29, 2006, DOHA issued a statement of reasons (SOR)
advising Applicant of the basis for that decision–trustworthiness concerns raised under Guideline
B (Foreign Influence) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended)
(Directive).  Applicant requested a decision on the written record.  On June 28, 2007, after
considering the record, Administrative Judge Joseph Testan denied Applicant’s request for a
trustworthiness determination.  Applicant filed a timely appeal pursuant to Directive ¶¶  E3.1.28 and
E3.1.30.
We construe Applicant’s appeal as raising the following issue: whether the Judge’s adverse
trustworthiness determination is arbitrary, capricious, or contrary to law.  Finding no error we affirm.
The Judge made the following findings: Applicant was born in South Korea.  He
subsequently emigrated to the U.S. and became a U.S. citizen in 1999.  His mother is a dual citizen
of the U.S. and Taiwan.  He has two brothers, both of whom are U.S. citizens.  One brother works
in South Korea, the other in Taiwan.  His parents-in-law, sisters-in-law, and brothers-in-law are
citizens and residents of Taiwan.  Applicant has traveled to Taiwan on eight occasions since moving
to South Korea in 2004.  
In analyzing the case, the Judge noted that Applicant presented no information (1) concerning
his relationship with his in-laws or what positions they hold in Taiwan; (2) when Applicant came
to the U.S.; (3) the extent of any close relatives or relationship in the U.S.; or (4) the extent of his
financial assets in the U.S., Taiwan, or South Korea.  The Judge stated that he was not able to
conclude that Applicant had met his burden of persuasion for a favorable trustworthiness
determination.   See Directive ¶ E3.1.15.  (Once the government presents evidence raising
trustworthiness concerns, the burden shifts to the applicant to establish any appropriate mitigating
conditions.)  Applicant’s brief relies on new evidence.  The Board cannot consider new evidence on
appeal.  Directive ¶  E3.1.29.    
Order
The Judge’s adverse 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
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Signed: James E. Moody              
James E. Moody
Administrative Judge
Member, Appeal Board