Summary
A 59-year-old defense contractor was granted a security clearance despite past allegations under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons cited concerns that the applicant engaged in sexual behavior reflecting poor judgment, which could lead to undue influence or coercion. Additionally, the applicant's conduct was described as questionable, lacking candor, dishonest, and non-compliant with rules, with the sexual behavior also constituting criminal activity that raised doubts about his judgment, reliability, and trustworthiness.
The applicant admitted to a sexual relationship with his sister-in-law when she was a minor. Disqualifying conditions raised included AG ¶ 13(a), AG ¶ 13(b), AG ¶ 13(c), AG ¶ 13(d), AG ¶ 31(b), and AG ¶ 16(b).
However, the administrative judge found that the applicant had mitigated these security concerns. Mitigating conditions applied included AG ¶ 14(b), AG ¶ 14(c), AG ¶ 32(a), AG ¶ 32(d), AG ¶ 17(c), and AG ¶ 17(e). The decision to grant clearance was based on the applicant's demonstrated rehabilitation over 25 years without further misconduct, letters of support from family members attesting to his growth and current reliability, and the conclusion that his past behavior no longer presented a basis for coercion or exploitation. The judge determined that granting the security clearance was consistent with national interest.
Why the applicant prevailed
- The applicant demonstrated successful rehabilitation over 25 years without further misconduct.
- Letters of support from family members indicated the applicant's growth and current reliability.
- The applicant's past behavior no longer serves as a basis for coercion or exploitation.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Self-destructive Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior Causing Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 16(b)raisedDeliberately Providing False Information
- AG ¶ 14(b)appliedBehavior Unlikely to Recur
- AG ¶ 14(c)appliedBehavior No Longer Serves as Basis for Coercion
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
Key rule quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”
Procedural posture
- SOR issuedNov 21, 2019
- Answer filedDec 14, 2019
- Hearing heldFeb 1, 2021via MS Teams
- Decision dateApr 8, 2021
Cite for
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Consideration of the Whole-person Concept in Security Clearance Decisions