Summary
The applicant, a 38-year-old defense contractor employee, faced allegations under Guidelines D, J, and E for viewing child pornography and paying for sexual acts. He initially denied the allegations but later admitted to them, providing explanations and demonstrating significant rehabilitation efforts. The administrative judge found that the applicant mitigated the security concerns, concluding that granting security clearance was consistent with national interest due to his favorable prognosis from a health care professional and acknowledgment of past behavior.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant admits that he inadvertently viewed child pornography from about 2000~2013 (1.a). Applicant admits that he paid women for sexual acts from about 2002~2015 (1.b). Applicant's conduct involved questionable judgment and lack of candor (3.a). Applicant engaged in criminal conduct by inadvertently viewing child pornography and by paying women for sexual acts (2.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 13(a), AG ¶ 13(c), AG ¶ 31(b). The judge applied mitigating conditions AG ¶ 14(b), AG ¶ 14(c), AG ¶ 14(e), AG ¶ 32(a), AG ¶ 32(d), AG ¶ 17(c), AG ¶ 17(d), AG ¶ 17(e). The decision turned on the following: The applicant admitted to past conduct and demonstrated significant rehabilitation efforts; A health care professional provided a favorable prognosis indicating the behavior was controllable with treatment; The applicant's spouse was aware of the conduct, reducing vulnerability to coercion.
Why the applicant prevailed
- The applicant admitted to past conduct and demonstrated significant rehabilitation efforts.
- A health care professional provided a favorable prognosis indicating the behavior was controllable with treatment.
- The applicant's spouse was aware of the conduct, reducing vulnerability to coercion.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- 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 ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)appliedMinor Offense or Time Passed
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 27, 2022
- Answer filedMay 3, 2022
- Hearing heldSep 1, 2022
- Decision dateJan 12, 2023
Cite for
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Mitigation of Criminal Conduct Concerns Under Guideline J
- Mitigation of Personal Conduct Concerns Under Guideline E