Summary
A 45-year-old retired Navy lieutenant commander was denied a security clearance based on concerns under Guideline D (Sexual Behavior) and Guideline I (Psychological Conditions). The applicant's history included multiple extramarital affairs and a long-term addiction to pornography.
Disqualifying conditions cited included AG ¶ 13(a), (b), (c), (d) and AG ¶ 28(a), (b). While mitigating conditions AG ¶ 29(a), (b), (c), (d), (e) were applied, they were insufficient to overcome the concerns.
The denial was primarily due to the applicant engaging in multiple extramarital affairs even while receiving psychological treatment, and his long-term pornography addiction not being adequately controlled despite treatment efforts. The administrative judge concluded that this conduct raised substantial doubts about the applicant's judgment, reliability, and potential for coercion or exploitation.
Why the applicant was denied
- The applicant engaged in multiple extramarital affairs while undergoing psychological treatment.
- The applicant's long-term addiction to pornography was not adequately controlled despite treatment efforts.
- The applicant's conduct raised concerns about his judgment, reliability, and potential for coercion or exploitation.
Conditions referenced
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)appliedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- AG ¶ 13(d)appliedSexual Behavior Reflecting Lack of Discretion or Judgment
- AG ¶ 28(a)appliedBehavior Casting Doubt on Judgment, Stability, Reliability, or Trustworthiness
- AG ¶ 28(b)appliedOpinion by a Qualified Mental Health Professional Indicating Impairment
- AG ¶ 29(a)rejectedCondition Is Readily Controllable with TreatmentThe applicant's condition was not found to be under control or in remission.
- AG ¶ 29(b)rejectedVoluntary Entry Into Treatment with Favorable PrognosisThe prognosis was not deemed favorable.
- AG ¶ 29(c)rejectedRecent Opinion Indicating Condition Is Under ControlNo mental health finding indicated the condition was under control.
- AG ¶ 29(d)rejectedPast Condition Was Temporary and ResolvedThe applicant continues to deal with compulsive behaviors.
- AG ¶ 29(e)rejectedNo Indication of Current ProblemThe applicant exhibited ongoing issues with sexual compulsions.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedDec 10, 2021
- Answer filedFeb 16, 2022
- Hearing heldMay 24, 2022
- Decision dateOct 19, 2022
Cite for
- Denial Based on Compulsive Sexual Behavior Under Guideline D
- Impact of Psychological Conditions on Judgment Under Guideline I
- Consideration of Ongoing Treatment and Its Effectiveness in Security Clearance Cases