KEYWORD: Guideline B
DIGEST: Applicant’s brief is not enough to rebut the presumption that the Judge considered all
of the evidence in the record. Adverse decision affirmed.
CASENO: 16-01733.a1
DATE: 06/20/2017
DATE: June 20, 2017
In Re:
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Applicant for Security Clearance
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ISCR Case No. 16-01733
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Ryan C. Nerney, Esq.
The Department of Defense (DoD) declined to grant Applicant a security clearance.  On May
27, 2016, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
decision–security concerns raised under Guideline B (Foreign Influence) of Department of Defense
Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a hearing.  On March
22, 2017, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge
David M. White denied Applicant’s request for a security clearance.  Applicant appealed pursuant
to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant raised the following issue on appeal: whether the Judge’s adverse decision was
arbitrary, capricious, or contrary to law.  Consistent with the following, we affirm.
The Judge’s Findings of Fact
Born and educated in Iraq, Applicant fled the country due to threats against him and his
family because of his cooperation with the U.S.  During the course of a U.S. military operation he
received a shrapnel wound.  He received a medal from the U.S. military.  He came to the U.S. in the
late 2000s and became a naturalized citizen about six years later.  His wife and children were born
in Iraq and have become naturalized U.S. citizens as well.  Applicant’s parents, a sibling, and an in-
law are citizens and residents of Iraq who worked for the Iraqi government and are now receiving
pensions.  He has two other in-laws and a blood relative who serve or have recently served in the
Iraqi military.  
Iraq faces many challenges, including ethnic and sectarian tension, terrorism, and the
presence of the Islamic State, which controls some of the country’s territory.  The Department of
State warns U.S. citizens to avoid travel to Iraq unless it is essential.
The Judge’s Analysis
The Judge cited to Applicant’s close family members in Iraq and the threats of harm that
Applicant has received concerning them.  The Judge noted brave and honorable service that
Applicant has given the U.S. but concluded that his circumstances entail a heightened risk that he
could be subjected to coercion or pressure.  The Judge concluded that Applicant had not mitigated
the concerns arising from his family connections in Iraq.
Discussion
Applicant’s brief is not enough to rebut the presumption that the Judge considered all of the
evidence in the record.  See, e.g., ISCR Case No. 13-00502 at 3 (App. Bd. Mar. 7, 2017).  Applicant
has cited to a Hearing Office case in support of his appeal.  However, each case must be decided on
its own merits.  Directive, Enclosure 2 ¶ 2(b).  Given the totality of the evidence, this case does not
provide a reason to disturb the Judge’s overall decision.
The Judge examined the relevant evidence and articulated a satisfactory explanation for the
decision.  Close family members in a country where terrorists operate raise a concern that the
applicant could be pressured to reveal classified information.  See, e.g., ISCR Case No. 14-06675
at 3 (App. Bd. Mar. 4, 2016).  The decision is sustainable on this record.  “The general standard is
that a clearance may be granted only when ‘clearly consistent with the interests of the national
security.’”  Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).  See also Directive,
Enclosure 2 ¶ 2(b):  “Any doubt concerning personnel being considered for access to classified
information will be resolved in favor of the national security.”
Order
The Decision is AFFIRMED.  
Signed: Michael Ra’anan            
Michael Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: James E. Moody               
James E. Moody
Administrative Judge
Member, Appeal Board
Signed: James F. Duffy                
James F. Duffy
Administrative Judge
Member, Appeal Board