Summary
A 61-year-old Merchant Marine's security clearance was granted despite concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons cited his admitted use of prostitutes while traveling abroad on unspecified occasions. Disqualifying conditions D.12.c, D.12.d, and E.15 were initially raised.
However, the judge found several mitigating factors. The conduct in question occurred more than five years prior to the decision and was not illegal in the locations where it took place. The applicant also provided a Statement of Intent, committing not to engage in such behavior again.
Further supporting the favorable outcome, the applicant demonstrated strong workplace and community support. Considering these mitigating conditions, specifically D.14.b, D.14.d, E.17.c, and E.17.e, the security clearance was ultimately granted.
Why the Applicant Prevailed
- The applicant's questionable conduct occurred more than five years ago.
- The applicant submitted a Statement of Intent not to engage in such conduct in the future.
- The applicant has the support of his workplace and community.
Conditions Referenced
- D.12.craisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D.12.draisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- E.15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- D.14.bappliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- D.14.dappliedThe Sexual Behavior Is Strictly Private, Consensual, and Discreet
- E.17.cappliedThe 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 and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- E.17.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 21, 2016
- Answer filedDec 21, 2016
- Hearing heldMar 13, 2017
- Decision dateMay 18, 2017
Cite For
- Mitigation of Sexual Behavior Concerns Under Guideline D Due to Time Elapsed and Intent Not to Repeat Behavior
- Mitigation of Personal Conduct Concerns Under Guideline E Based on Infrequency and Positive Steps Taken
- Consideration of Community Support in the Whole-person Analysis.