DEPARTMENT OF DEFENSE 
  DEFENSE OFFICE OF HEARINGS AND APPEALS 
  
  
 
 
In the matter of: ) 
 ) 
   )  ISCR Case No. 08-11787 
   ) 
 ) 
Applicant for Security Clearance ) 
 
 
Appearances 
 
For Government: Daniel Crowley, Esq., Department Counsel 
For Applicant: none 
 
 
 
 
______________ 
 
Decision 
______________ 
 
 
HEINY, Claude R., Administrative Judge: 
 
Applicant failed, without reasonable cause, to appear at his security clearance 
hearing set for January 26, 2010. The case file is being forwarded to the Director, 
DOHA requesting a default decision and the automatic denial or revocation of 
Applicant’s security clearance. 
 
Statement of the Case 
 
 Applicant contests the Defense Department’s intent to deny or revoke his 
eligibility for an industrial security clearance. Acting under the relevant Executive Order 
and DoD Directive,1 the Defense Office of Hearings and Appeals (DOHA) issued a 
                                                          
1 Executive Order 10865, Safeguarding Classified Information within Industry (February 20, 1960), as 
amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance 
Review Program (January 2, 1992), as amended (Directive); and the revised adjudicative guidelines (AG) 
promulgated by the President on December 29, 2005, and effective within the Department of Defense for 
SORs issued after September 1, 2006. 
 
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Statement of Reasons (SOR) on June 30, 2009, detailing security concerns under 
foreign influence. 
  
 On July 13, 2009, Applicant answered the SOR, and requested a hearing. On 
December 22, 2009, I was assigned the case. On January 4, 2010, DOHA issued a 
notice of hearing scheduling the hearing which was held on January 26, 2010. The 
government offered Exhibits (Ex.) 1 through 4, which were admitted into evidence. 
Applicant failed to appear. On February 3, 2010, the transcript (Tr.) was received. 
 
Findings of Fact 
 
 In Applicant’s Answer to the SOR, he denied the factual allegations in ¶ 1.a of 
the SOR. Applicant’s mother, as of March 2009, is a U.S. citizen. He admitted he has a 
brother and sister who are citizens of Lebanon residing in Saudi Arabia, he has a sister 
who is a citizen and resident of Lebanon, and he has another sister who is a citizen of 
Lebanon residing in the U.S. as a resident alien. Applicant admits he has approximately 
$300,000 in a bank account in Lebanon, which he inherited from his father.  
 
Applicant’s admissions to the SOR allegations are incorporated herein. After a 
thorough review of the record, pleadings, exhibits, and testimony, I make the following 
additional findings of fact: 
 
 Applicant is 57 years old and has worked as a linguist supporting the U.S. Army 
in Iraq since September 2006. He had an interim secret clearance, which expired March 
2009, and he is seeking to obtain a security clearance. Applicant has not been in 
Lebanon since July 2003, and he currently lives and works in Iraq. Applicant has a 
bachelor’s degree in structural engineering from a U.S. university. (Tr.12) Applicant’s 
assets exceed one million dollars. (Tr. 12) 
 
Procedural Matters 
 
 On August 6, 2009, Department Counsel (DC) presented Applicant with the 
government’s proposed exhibits and documents. Applicant responded to the material on 
August 21, 2009, he provided information and stated he would not be available to leave 
Iraq until mid-January 2010. On August 27, 2009, Applicant was offered the possibility 
of having the hearing conducted by video teleconference (VTC) allowing the Applicant 
to remain in Iraq. (Tr. 10) In September 2009, DC requested Applicant provide the 
January 2010 dates he would be in Texas. This request was renewed on November 10, 
2010. (Tr. 11)  
 
 On December 23, 2009, Applicant was sent an e-mail indicating that Applicant’s 
security clearance hearing would be held in Houston, Texas on January 26, 2010. The 
e-mail indicated his failure to respond and/or appear at the hearing without approval 
would result in a default decision and the automatic denial or revocation of his security 
clearance. (Tr. 5)  
 
 
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 Applicant responded stating he would not be returning to the U.S. in January 
2010 and did not know when he would return. He stated his work with the U.S. Army in 
Iraq did not require him to have a clearance.  
 
 On December 24, 2009, Applicant was informed that the case would proceed 
unless Applicant’s company withdrew their request for Applicant to have a security 
clearance. He was informed the hearing date would remain unless: one, his company 
formally withdrew its request that Applicant have a security clearance, or, two, an 
alternate time, date, and location were arranged for an in-person hearing or VTC 
hearing. (Tr. 6) Applicant’s company was provided a sealed envelope to be hand 
delivered and unopened to Applicant. The accompanying material stated that if the 
employee was no longer employed by the company or if the employee no longer 
required a security clearance for access to classified information, the envelope was to 
be returned unopened. (Tr. 7)  
 
 The company security officer acknowledged to DC that the hearing had been 
scheduled for January 26, 2010. (Tr. 7) DC indicated if Applicant no longer needed a 
clearance, the company should withdraw their request or make the Applicant available 
for either an in-person or a VTC hearing.  
 
 In a letter dated January 9, 2010, Applicant stated: 
 
I cannot be present in the month of January in Houston for the hearing. I 
am canceling my interview. I do not need my clearance to be reinstated 
anymore. I am still in Iraq, and I have no intention to continue this line of 
work in the states. Thank you for your services. (Appellate Exhibit I, Tr. 8)  
 
 Revised Adjudicative Guideline (AG) ¶ 15 articulates the security concerns 
relating to personal conduct. Additionally, it states: 
 
The following will normally result in an unfavorable clearance action or 
administrative termination of further processing for clearance eligibility: 
 
(a) refusal, or failure without reasonable cause, to undergo or 
cooperate with security processing, including but not limited to 
meeting with a security investigator for subject interview, 
completing security forms or releases, and cooperating with 
medical or psychological evaluation; 
 
Analysis 
 
 Applicant was asked when he would be in the U.S. so that a security clearance 
hearing could be scheduled. He was given the option of remaining in Iraq and having 
the hearing conducted by VTC. He said he could not leave Iraq until mid-January 2010; 
therefore, the hearing was scheduled for January 26, 2010. Applicant responded and 
stated he no longer needed a clearance. He was informed he needed to be at the 
 
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hearing unless his company withdrew its request for him to have a clearance or an 
alternate hearing date was established. Applicant was informed that failing to appear 
without approval would result in a default decision and the automatic denial or 
revocation of his security clearance. Applicant failed to appear.  
 
Conclusion 
 
 Applicant, without reasonable cause, failed to appear at his scheduled security 
clearance hearing. The file is forwarded to the Director, DOHA for the administrative 
termination of further processing for clearance eligibility.  
 
 
_______________________ 
CLAUDE R. HEINY II 
Administrative Judge