Summary
A 49-year-old lead voice engineer for a defense contractor was granted a security clearance despite concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons detailed several instances of past misconduct, including paying for manual sexual acts at massage parlors approximately five to ten times between 2012 and 2016, an arrest in December 2010 for Solicitation of Prostitution, and paying for sexual relations at a legal brothel in Nevada around 2009. Additionally, the applicant was alleged to have intentionally falsified material information about his sexual history and the brothel visit during a December 11, 2019 interview.
Disqualifying conditions were raised under AG ¶ 13(a), AG ¶ 13(b), AG ¶ 13(c), and AG ¶ 31(b). However, the administrative judge applied several mitigating conditions, including AG ¶ 14(b), AG ¶ 14(c), AG ¶ 14(e), AG ¶ 32(a), AG ¶ 32(d), AG ¶ 17(a), and AG ¶ 17(c).
The clearance was granted because the applicant demonstrated significant rehabilitation efforts, including ongoing therapy and positive evaluations from supervisors. The past misconduct occurred many years ago and has not recurred. The applicant also provided credible evidence of his character and trustworthiness from multiple sources, leading the administrative judge to conclude that granting the security clearance was consistent with national interest.
Why the applicant prevailed
- The applicant demonstrated significant rehabilitation efforts, including ongoing therapy and positive evaluations from supervisors.
- The applicant's past misconduct occurred many years ago and has not recurred since.
- The applicant provided credible evidence of his character and trustworthiness from multiple sources.
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
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 14(b)appliedBehavior Unlikely to Recur
- AG ¶ 14(c)appliedNo Longer Serves as 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(a)appliedPrompt Efforts to Correct Omissions
- AG ¶ 17(c)appliedMinor Offense or Infrequent Behavior Unlikely to Recur
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 28, 2023
- Answer filedJun 15, 2023
- Hearing heldSep 7, 2023
- Decision dateMar 21, 2024
Cite for
- Successful Rehabilitation Efforts Under Guideline D
- Mitigation of Personal Conduct Issues Under Guideline E
- Consideration of Time Elapsed Since Past Misconduct Under Guideline J