Summary
A 54-year-old former Air Force major was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct), despite mitigating factors related to Guideline B (Foreign Influence). The denial stemmed from the applicant's repeated engagement in prostitution while traveling abroad.
Specifically, the applicant engaged in sexual intercourse with prostitutes on multiple occasions, which raised significant questions about his judgment and reliability. This conduct was deemed to create vulnerabilities to exploitation and coercion. Although the applicant later disclosed these actions to his wife and employer, the judge found that these disclosures were not timely enough to sufficiently mitigate the established vulnerabilities.
Ultimately, the judge concluded that the applicant's actions demonstrated poor judgment and created an unacceptable risk of coercion, leading to the denial of his security clearance. While foreign influence concerns were mitigated due to a lack of ongoing contact with foreign nationals, the issues related to sexual behavior and personal conduct remained disqualifying.
Why the applicant was denied
- The applicant engaged in prostitution on multiple occasions while abroad, raising significant concerns about his judgment and reliability.
- The applicant's failure to disclose his past actions to his wife and employer in a timely manner contributed to the decision.
- The applicant's conduct created vulnerabilities to coercion and exploitation, which were not sufficiently mitigated by his later disclosures.
Conditions referenced
- AG ¶ 13(a)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- AG ¶ 16(e)appliedPersonal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress.
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.The applicant disclosed his behavior to his wife and employer, reducing some potential for exploitation.
- AG ¶ 8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.The applicant did not establish ongoing relationships with the prostitutes he engaged.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMay 18, 2018
- Answer filedJun 14, 2018
- Hearing held—Decided on the written record without a hearing.
- Decision dateDec 10, 2018
Cite for
- Denial of Security Clearance Due to Unresolved Sexual Behavior Concerns
- Impact of Personal Conduct on Security Clearance Eligibility
- Mitigating Factors Related to Foreign Influence Under Guideline B