Summary
A 37-year-old male applicant was denied a security clearance under Guideline D (Sexual Behavior) due to a history of compulsive sexual misconduct. The Department of Defense raised concerns regarding a pattern of self-destructive, high-risk behavior that the applicant was unable to control, specifically citing public masturbation and unauthorized photography of his then-wife.
The applicant's history of sexual misconduct spanned 15 years. The judge determined that the applicant failed to mitigate these concerns, as his claims of managing his issues lacked sufficient corroborating evidence of treatment or compliance with accountability programs.
Ultimately, the security clearance was denied, as granting it was deemed inconsistent with national interest.
Why the Applicant Was Denied
- The applicant engaged in a pattern of compulsive, self-destructive, or high-risk sexual behavior that he was unable to stop.
- The applicant's history of sexual misconduct spanned 15 years, including public masturbation and unauthorized photography of his then wife.
- The applicant's claims of managing his issues were not corroborated by sufficient evidence of treatment or compliance with accountability programs.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature or That Reflects Lack of Discretion or Judgment
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 22, 2022
- Answer filed—
- Hearing heldJul 31, 2023
- Decision dateJun 6, 2024
Cite For
- Failure to Mitigate Security Concerns Under Guideline D Due to a History of Sexual Misconduct
- Pattern of Compulsive Sexual Behavior as a Disqualifying Condition
- Insufficient Evidence of Treatment or Compliance with Accountability Programs