on the advice of Polish authorities he used his Polish passport to leave Poland.

Applicant owns a condominium in Poland and has no plans to sell it.

"www.defenselink.mil/dodgc/doha/industrial/02-33659.h1.html

ISCR Case No. 02-33659

DECISION OF ADMINISTRATIVE JUDGE

BARRY M. SAX



APPEARANCES



FOR GOVERNMENT


Nygina T. Mills, Esquire , Department Counsel



FOR APPLICANT
Pro Se

SYNOPSIS
This 29-year-old engineering assistant was born in Poland to Polish parents, but has been a
naturalized U.S. citizen since 2000, while retaining both his Polish citizenship and passport. His use of
the Polish passport precludes a finding that he has an unequivocal preference for the U.S. and his
failure to demonstrate his surrender of the Polish passport makes him ineligible to hold a DoD security
clearance, pursuant to the Money Memorandum. Mitigation has not been adequately established.
Clearance is denied.

STATEMENT OF THE CASE
On September 18, 2003, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive
Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, as
amended, issued a Statement of Reasons (SOR) to the Applicant. The SOR detailed reasons
why DOHA could not make the preliminary affirmative finding required under the Directive that it
is clearly consistent with the national interest to grant or continue a security clearance for the
Applicant. The SOR recommended referral to an Administrative Judge to conduct proceedings and
determine whether a clearance should be granted, denied or revoked.

On October 14, 2003, Applicant responded to the allegations set forth in the SOR, and elected to have a
decision made by a DOHA Administrative Judge on the written record, i.e., without a hearing.
Department Counsel issued a File of Relevant Ma"