DEPARTMENT OF DEFENSE 
         DEFENSE OFFICE OF HEARINGS AND APPEALS 
           
             
 
 
In the matter of: ) 
 ) 
 [Redacted]  )  ADP Case No. 15-01511 
  ) 
Applicant for Public Trust Position ) 
 
 
Appearances 
 
For Government: Rhett Petcher, Esq., Department Counsel 
For Applicant: Pro se  
 
                      
            
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Decision 
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Applicant submitted an Electronic Questionnaire for Investigations Processing (e-
QIP) on November 22, 2013, seeking eligibility for a public trust position. On November 
4, 2015, the Department of Defense (DOD) sent him a Statement of Reasons (SOR), 
citing trustworthiness concerns under Guidelines B (Foreign Influence) and C (Foreign 
Preference). DOD acted under DOD Directive 5220.6, Defense Industrial Personnel 
Security Clearance Review Program (January 2, 1992), as amended (Directive); DOD 
Regulation 5200.2-R, Personnel Security Program (January 1987), as amended 
(Regulation); and the adjudicative guidelines (AG) implemented by DOD on September 
1, 2006.  
 
 Applicant timely answered the SOR and requested a hearing before an 
administrative judge. The case was assigned to me on November 30, 2016, and I 
conducted the hearing on January 12, 2017. Government Exhibits (GX) 1 through 3 were 
admitted in evidence without objection. Applicant testified, presented the testimony of one 
witness, and submitted Applicant’s Exhibits (AX) A through C, which were admitted 
without objection. DOHA received the transcript (Tr.) on January 19, 2017. After the 
record closed, I informed Department Counsel of my intent to issue a summary disposition 
in Applicant’s favor, and he did not object. 
 
The SOR alleges that Applicant’s mother-in-law is a citizen of Pakistan who 
resides with him in the United States and that Applicant has family members who 
are citizens and residents of Pakistan, to whom Applicant has sent money. It also 
alleges that Applicant possesses a Pakistani visa. 
 
Applicant was born in Pakistan and became a U.S. citizen in 1997. His wife, 
parents, and three brothers are naturalized U.S. citizens and live in the United 
States. His three children are native-born U.S. citizens. He has infrequent contact 
with distant relatives in Pakistan, but he has sent them money for medical 
treatment and living expenses. He obtained a Pakistani visa to care for an uncle 
who was dying from cancer. He used his U.S. passport for the travel. The visa 
expired in August 2016.  
 
About five years ago, Applicant’s mother-in-law came to the United States 
and lived with Applicant after her husband’s death until July 2016. She now lives 
with Applicant’s brother-in-law in the United States. 
 
The mitigating conditions in AG ¶ 8(a), 8(b), 8(c) apply to Applicant’s family 
ties in Pakistan. Assuming without deciding that his Pakistani visa was comparable 
to a foreign passport, it is expired, and AG ¶ 9(e) is applicable. 
 
I have weighed the evidence and given consideration to the whole-person 
concept. Applicant was candid, sincere, and credible at the hearing. I conclude 
that he has met his burden of persuasion to show that it is clearly consistent with 
the interests of national security to grant him eligibility for a public trust position. 
The case is decided for Applicant. 
 
 
 
 
LeRoy F. Foreman 
Administrative Judge