Summary
A 47-year-old male employed in the defense industry was denied a security clearance due to multiple instances of poor judgment, including soliciting prostitutes and excessive alcohol consumption. The denial was based on concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct).
Specific allegations included engaging in sexual activity with prostitutes while holding a clearance, searching online for prostitutes multiple times, and driving under the influence of alcohol on several occasions. The applicant also admitted to drinking to intoxication approximately twice a week and once passing out on the street in 2012. These actions raised disqualifying conditions related to questionable judgment, lack of candor, dishonesty, and criminal conduct.
While the applicant presented sufficient evidence to mitigate concerns under Guideline G regarding alcohol consumption, the judge found insufficient evidence to mitigate the disqualifying factors under Guidelines D, E, and J. Consequently, the applicant was denied eligibility for access to classified information.
Why the Applicant Was Denied
- Applicant engaged in sexual conduct with prostitutes on multiple occasions, raising concerns under Guideline D.
- Applicant admitted to driving under the influence of alcohol on several occasions, which is a disqualifying factor under Guideline J.
- Insufficient evidence was presented to mitigate the concerns raised under Guidelines D, E, and J.
Conditions Referenced
- AG 13(a)appliedSexual Behavior of a Criminal Nature
- AG 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion
- AG 22(a)appliedAlcohol-related Incidents Away From Work
- AG 31(b)appliedEvidence of Criminal Conduct
- AG 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionApplicant did not fully establish that his behavior no longer serves as a basis for coercion.
- AG 23(a)appliedTime Has Passed or Behavior Was Infrequent
- AG 17(g)appliedAssociation with Persons Involved in Criminal Activities Was Unwitting
Key Rule Quoted
“"the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJan 20, 2022
- Answer filedApr 28, 2022
- Hearing held—Decision based on written record.
- Decision dateJan 24, 2023
Cite For
- Disqualifying Factors Under Guideline D for Sexual Conduct with Prostitutes
- Disqualifying Factors Under Guideline J for Driving Under the Influence
- Mitigating Conditions Under Guideline G Related to Alcohol Consumption