Summary
The applicant, a 47-year-old defense contractor and U.S. military veteran, faced security concerns under Guidelines B (foreign influence), D (sexual behavior), E (personal conduct), and J (criminal conduct). While he mitigated concerns under Guidelines B and D, he failed to address issues under Guidelines E and J, leading to the denial of his security clearance due to unresolved personal conduct and criminal behavior.
Under Guideline B (Foreign Influence), Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant mitigated the security concerns under Guideline B (foreign influence) (1.a). Applicant mitigated the security concerns under Guideline D (sexual behavior) (4.a). Applicant did not mitigate the security concerns under Guideline E (personal conduct) (2.a). Applicant did not mitigate the security concerns under Guideline J (criminal conduct) (3.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 13(c), AG ¶ 13(d), AG ¶ 31(b), AG ¶ 16(c), AG ¶ 16(d), AG ¶ 16(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 14(c), AG ¶ 17(e). The decision turned on the following: The applicant did not mitigate security concerns under Guideline E due to questionable judgment and lack of candor regarding his past conduct; The applicant's criminal conduct under Guideline J, specifically theft of women's underwear, raised doubts about his reliability and trustworthiness.
Why the Applicant Prevailed
- The applicant mitigated security concerns under Guideline B regarding foreign influence due to his long-standing ties to the U.S.
- The applicant mitigated security concerns under Guideline D related to sexual behavior as his wife forgave him for his extramarital affairs.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Influence
- AG ¶ 7(b)raisedForeign Influence
- AG ¶ 13(c)raisedSexual Behavior
- AG ¶ 13(d)raisedSexual Behavior
- AG ¶ 31(b)raisedCriminal Conduct
- AG ¶ 16(c)raisedPersonal Conduct
- AG ¶ 16(d)raisedPersonal Conduct
- AG ¶ 16(e)raisedPersonal Conduct
- AG ¶ 8(a)appliedForeign Influence
- AG ¶ 8(b)appliedForeign Influence
- AG ¶ 14(c)appliedSexual Behavior
- AG ¶ 17(e)appliedPersonal Conduct
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 19, 2022
- Answer filedJan 23, 2023
- Hearing heldAug 14, 2023
- Decision dateSep 11, 2023
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Failure to Mitigate Personal Conduct and Criminal Conduct Under Guidelines E and J