Summary
This DOHA security clearance decision involved a 55-year-old self-employed contractor, with concerns raised under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed that the applicant paid for sexual gratification from approximately 2006 to 2014, and engaged in shoplifting for about 35-40 years until 2014. These allegations invoked several disqualifying conditions under both guidelines.
However, the judge found that the applicant had taken substantial mitigating steps. He demonstrated significant lifestyle changes, including weight loss and cessation of smoking, and engaged in ongoing counseling and therapy, indicating a commitment to personal improvement. Furthermore, the applicant benefited from a strong support system provided by family and friends.
These mitigating factors, which included several conditions under both Guideline D and Guideline E, led the judge to conclude that the security concerns were sufficiently mitigated. Consequently, the applicant was GRANTED eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated significant lifestyle changes, including weight loss and cessation of smoking.
- He engaged in ongoing counseling and therapy, showing a commitment to personal improvement.
- The applicant's strong support system from family and friends contributed to the judge's favorable decision.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive Sexual Behavior
- AG ¶ 13(c)raisedVulnerability to Coercion Due to Sexual Behavior
- AG ¶ 16(c)raisedCredible Adverse Information in Several Areas
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
- AG ¶ 14(b)appliedBehavior Unlikely to Recur
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant has not disclosed his conduct to his children.
- AG ¶ 14(d)rejectedSexual Behavior Was Private and ConsensualThe applicant's sexual activity was not discreet.
- AG ¶ 14(e)appliedSuccessful Completion of Treatment
- AG ¶ 17(c)appliedMinor Offense or Infrequent Behavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
- AG ¶ 17(e)rejectedPositive Steps to Reduce Vulnerability to ExploitationThe applicant has not fully disclosed his past conduct.
- AG ¶ 17(g)appliedUnwitting Association with Criminal Activity
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJan 10, 2018
- Answer filedMar 19, 2018
- Hearing heldFeb 5, 2019
- Decision dateMar 13, 2019
Cite For
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Mitigation of Personal Conduct Issues Under Guideline E
- Importance of Lifestyle Changes and Counseling in Security Clearance Cases