Summary
A 58-year-old male applicant with a doctorate was granted a security clearance after mitigating concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The allegations stemmed from an extramarital affair in September 2002, which the applicant had not disclosed to his personal circle, including his wife. The applicant also believed the affair could be used for blackmail. These issues raised disqualifying conditions under Adjudicative Guidelines paragraphs 13(c) and 16(e)(1).
However, the judge applied several mitigating conditions, including Adjudicative Guidelines paragraphs 14(b), 14(c), 14(d), and 17(c). It was noted that the affair occurred 23 years prior and did not involve criminal behavior. Furthermore, there was no evidence of other extramarital affairs or compulsive behavior on the applicant's part.
Crucially, the applicant demonstrated candor by admitting the affair during the background investigation. The judge concluded that the 23-year-old affair did not impact the applicant's current reliability or trustworthiness, leading to the favorable decision to grant the security clearance.
Why the applicant prevailed
- The extramarital affair occurred 23 years ago and was not criminal behavior.
- There is no evidence of other extramarital affairs or compulsive behavior.
- The applicant demonstrated candor by admitting the affair during the background investigation.
Conditions referenced
- AG ¶ 13(c)raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.Department Counsel argued that the applicant's affair could be used for blackmail.
- AG ¶ 16(e)(1)raisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress.Department Counsel claimed the applicant's affair made him vulnerable due to its secrecy.
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur.The affair was infrequent and occurred 23 years ago.
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.The applicant affirmed he would not compromise national security to keep the affair secret.
- AG ¶ 14(d)appliedThe Sexual Behavior Is Strictly Private, Consensual, and Discreet.The affair was private and the applicant did not disclose it to anyone.
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur.The affair was a minor issue that occurred long ago and does not cast doubt on the applicant's current judgment.
Key rule quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”
Procedural posture
- SOR issuedOct 2, 2024
- Answer filedOct 27, 2024
- Hearing held—Decision made based on written record.
- Decision dateAug 25, 2025
Cite for
- Mitigation of Security Concerns Under Guideline D for Past Sexual Behavior
- Application of the Whole-person Concept in Security Clearance Decisions
- Consideration of Time Elapsed in Evaluating Personal Conduct Issues