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ISCR Case 19-03523 — CASE

Case record

ISCR Case 19-03523

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date7/20/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the appeal decision (Case 19-03523) →See the appeal decision (Case 19-03523) →See the hearing decision (Case 19-03523) →
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Bryan J. Olmos
Case Summary
The applicant in this case was a 34-year-old employee of a defense contractor who applied for a security clearance in April 2019. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The allegations included a 2018 incident where the applicant exposed himself to individuals through a window, as well as prior similar incidents from 2015 to 2017.
During the proceedings, the applicant admitted to the allegations in the SOR, acknowledging the 2018 incident and expressing remorse for his actions. He reported that he had been undergoing therapy since the incident and had been diagnosed with Exhibitionist Disorder, which his psychologist stated was in full remission. The applicant provided evidence of his ongoing treatment and demonstrated efforts to address his behavior, including completing probation and maintaining a stable job.
The administrative judge ruled in favor of the applicant, granting him eligibility for a security clearance. The judge concluded that the applicant had sufficiently mitigated the security concerns by demonstrating a commitment to treatment and personal improvement, as well as the absence of any further incidents since 2018. The decision emphasized the applicant's transparency and proactive steps taken to address his past behavior.
Guidelines Evaluated
- Guideline DSexual Behavior · For Applicant
- Guideline EPersonal Conduct · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 19-03523

grantedJul 20, 2022· Hon. Robert Robinson Gales· hearing

Summary

This case concerns a 34-year-old software development lead whose security clearance eligibility was reviewed under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct) due to past exhibitionistic behavior. Disqualifying conditions were raised under AG ¶ 13(a) and AG ¶ 31(b).

However, the administrative judge applied several mitigating conditions, specifically AG ¶ 14(b), AG ¶ 14(e), AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(e). The judge found that the applicant's Exhibitionistic Disorder is in full remission, following successful completion of probation and treatment. The applicant also self-reported his criminal behavior to authorities and immediately sought professional help after the incident.

The decision to grant the security clearance was based on the applicant's demonstrated positive behavioral changes and strong endorsements from colleagues and supervisors. These factors led to a favorable assessment of his reliability and trustworthiness, resulting in the clearance being GRANTED.

Why the Applicant Prevailed

The applicant successfully completed probation and treatment for Exhibitionistic Disorder, which is now in full remission.
He self-reported his criminal behavior to authorities and sought professional help immediately after the incident.
The applicant demonstrated positive changes in behavior and received strong endorsements from colleagues and supervisors.

Conditions Referenced

Disqualifying

AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 14(b)appliedBehavior Unlikely to Recur
AG ¶ 14(e)appliedSuccessful Completion of Treatment
AG ¶ 17(c)appliedBehavior Unlikely to Recur Due to Time Elapsed
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

“The existence of a psychological condition does not preclude the granting of a security clearance.”

Procedural Posture

SOR issuedFeb 28, 2020
Answer filedApr 3, 2020
Hearing heldFeb 10, 2022via MS Teams
Decision dateJul 20, 2022Remand decision issued.

Cite For

Mitigation of Sexual Behavior Concerns Under Guideline D
Successful Rehabilitation and Treatment for Psychological Conditions
Whole-person Assessment in Security Clearance Determinations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.