Summary
A 34-year-old defense contractor employee was granted a security clearance despite concerns raised under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). These concerns stemmed from past incidents of exhibitionism.
The applicant demonstrated substantial rehabilitation, including self-reporting his criminal behavior to authorities and immediately seeking professional help. He successfully completed probation and maintained ongoing compliance with treatment, which resulted in a diagnosis of full remission of Exhibitionistic Disorder.
The administrative judge noted that the applicant's work performance and character references consistently described him as highly respected and reliable. Based on these mitigating factors, the judge determined that the applicant's actions were consistent with the national interest, leading to the clearance being granted.
Why the applicant prevailed
- The applicant self-reported his criminal behavior to authorities and sought professional help immediately after the incident.
- He successfully completed probation and demonstrated ongoing compliance with treatment, leading to a diagnosis of full remission of Exhibitionistic Disorder.
- The applicant's work performance and character references indicated he is highly respected and reliable in his professional role.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 14(b)appliedBehavior Unlikely to Recur
- AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for Coercion
- 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
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
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 dateMar 22, 2022
Cite for
- Successful Rehabilitation of Mental Health Issues Under Guideline D
- Self-reporting and Proactive Treatment as Mitigating Factors Under Guidelines E and J
- Whole-person Assessment in Security Clearance Determinations