1 
 
                                                              
                        DEPARTMENT OF DEFENSE 
         DEFENSE OFFICE OF HEARINGS AND APPEALS 
           
             
 
 
In the matter of: ) 
 ) 
  )  ISCR Case No. 17-00775 
 ) 
Applicant for Security Clearance ) 
 
 
Appearances 
 
For Government: Andrew W. Henderson, Esq., Department Counsel 
For Applicant: Pro se 
 
 
 
______________ 
 
Decision 
______________ 
 
 
COACHER, Robert E., Administrative Judge: 
 
On April 17, 2017, the Department of Defense (DOD) issued a Statement of 
Reasons (SOR) to Applicant detailing security concerns under Guideline B, foreign 
influence. The action was taken under Executive Order (EO) 10865, Safeguarding 
Classified Information within Industry (February 20, 1960), as amended; DOD Directive 
5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 
1992), as amended (Directive); and the adjudicative guidelines (AG).1 
 
Applicant responded (Answer) to the SOR on May 5, 2017. The case was 
assigned to me on October 11, 2017. The hearing was held as scheduled on January 
18, 2018. On January 24, 2018, I proposed that this case was appropriate for a 
summary disposition in Applicant’s favor. Department Counsel did not object.  
 
The concern under Guideline B is that Applicant’s mother is a dual U.S.-Pakistani 
citizen who splits time residing in both countries; that his sister and her family are 
citizens and residents of Pakistan and that his brother-in-law is employed by the 
                                                          
1 I decided this case using the AG implemented by DOD on June 8, 2017. However, I also considered this 
case under the previous AG implemented on September 1, 2006, and my conclusions are the same using 
either set of AG.  
 
2 
 
Pakistani Merchant Navy; that his other in-laws are residents and citizens of Pakistan; 
that he owns land in Pakistan valued at approximately $30,000; and that he sends 
money to his mother-in-law in Pakistan. Through Applicant’s admissions and 
administrative noticed facts about Pakistan, the Government established, by substantial 
evidence, a heightened risk concerning Applicant’s contacts with his Afghan relatives 
and his property in Pakistan. AG ¶¶ 7(a), 7(b), and 7(f) apply. Applicant testified and 
presented documentary evidence establishing there is no conflict of interest with his 
family members in Pakistan because of his deep and long-standing relationship and 
loyalties to the United States, as evidenced by his work history and his substantial 
financial ties to the United States. Based on the record evidence as a whole, I conclude 
that the security concern is mitigated under mitigating conditions AG ¶¶ 8(b) and 8(f).  
 
The concern over Applicant’s foreign relatives and his foreign financial interest 
does not create doubt about his current reliability, trustworthiness, good judgment, and 
ability to protect classified information. In reaching this conclusion, I weighed the 
evidence as a whole and considered if the favorable evidence outweighed the 
unfavorable evidence. I also gave due consideration to the whole-person concept. 
Accordingly, I conclude that he met his ultimate burden of persuasion to show that it is 
clearly consistent with the national interest to grant his eligibility for access to classified 
information. This case is decided for Applicant.  
 
 
 
________________________ 
Robert E. Coacher 
Administrative Judge