Summary
A 60-year-old defense contractor was granted a security clearance despite allegations under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed that from 1985 to February 2017, the applicant allegedly paid women for sexual acts on at least nine occasions, including after receiving a security clearance in 2012. Additionally, the applicant was accused of providing materially false information during an April 25, 2017, interview with the OGA by denying recent payments for sexual acts and failing to disclose a February 2017 incident during a polygraph interview on the same date.
The administrative judge considered several disqualifying conditions, including those related to criminal conduct, pattern of questionable judgment, and deliberate misrepresentation. However, the judge applied mitigating conditions, finding that the applicant's past sexual behavior occurred long ago and infrequently, which mitigated concerns about current reliability.
Crucially, the judge found the applicant's testimony more credible than the polygraph report, noting the report lacked supporting witness testimony. The applicant also demonstrated a lack of intent to engage in disqualifying behavior and has not repeated such conduct since 2017. Based on these findings, the judge concluded that the disqualifying conduct was not established or was sufficiently mitigated, resulting in the security clearance being granted.
Why the Applicant Prevailed
- The judge found that the applicant's past sexual behavior occurred long ago and infrequently, mitigating concerns about current reliability.
- The applicant's testimony was deemed more credible than the polygraph report, which lacked supporting witness testimony.
- The applicant demonstrated a lack of intent to engage in disqualifying behavior and has not repeated such conduct since 2017.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 31(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 31(c)raisedCredible Adverse Information
- AG ¶ 31(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 14(b)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for Coercion
- AG ¶ 17(c)appliedOffense Is Minor or Infrequent
- AG ¶ 17(e)appliedPositive Steps Taken to Reduce Vulnerability
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 5, 2021
- Answer filedMay 27, 2021
- Hearing heldJul 19, 2022via video teleconference
- Decision dateNov 29, 2022
Cite For
- Mitigation of Past Sexual Behavior Under Guideline D
- Credibility of Applicant's Testimony Over Polygraph Results
- Application of Whole-person Concept in Security Clearance Decisions