Summary
A 54-year-old former Navy commander was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology). The applicant admitted to requesting and receiving sexually explicit photos and videos from multiple women in the Dominican Republic, and subsequently traveled there to engage in sexual relations with one of them.
This conduct was deemed to reflect questionable judgment and an unwillingness to comply with regulations. Specifically, the applicant used a work computer to send and receive these explicit materials and to access personal Facebook and email accounts. This unauthorized use of information technology, combined with the nature of the communications with foreign nationals, raised significant concerns about potential exploitation or coercion.
Ultimately, the applicant's sexual behavior and personal conduct demonstrated a lack of judgment and discretion, as well as a failure to adhere to security protocols. These factors led to the denial of the security clearance, despite the applicant's long military career.
Why the Applicant Was Denied
- The applicant engaged in unauthorized use of information technology by accessing Facebook and personal email through a work computer.
- The applicant's communications with foreign nationals raised significant foreign influence concerns, creating a risk of exploitation or coercion.
- The applicant's sexual behavior involved sending and receiving explicit materials, which reflected a lack of judgment and discretion.
- The applicant's personal conduct demonstrated questionable judgment and a failure to comply with security protocols.
Conditions Referenced
- AG ¶ 7(a)raisedForeign InfluenceContact with foreign nationals created a heightened risk of foreign exploitation.
- AG ¶ 40(e)raisedUse of Information TechnologyUnauthorized use of work computer for personal communications.
- AG ¶ 13(c)raisedSexual BehaviorSexual behavior that causes vulnerability to coercion.
- AG ¶ 16(e)raisedPersonal ConductConduct that creates vulnerability to exploitation.
Key Rule Quoted
“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMay 2, 2024
- Answer filedMay 28, 2024
- Hearing heldApr 22, 2025
- Decision dateMay 16, 2025
Cite For
- Denial of Security Clearance Due to Unauthorized Use of Information Technology Under Guideline M
- Foreign Influence Concerns Arising From Communications with Foreign Nationals Under Guideline B
- Lack of Judgment in Sexual Behavior Leading to Security Risks Under Guideline D