Summary
A 69-year-old retired Navy E-6 was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant engaged in a long-term sexual relationship with a foreign national maid while married, which he concealed from his wife. This conduct raised doubts about his judgment and trustworthiness.
Specifically, the applicant was found to have engaged in sexual behavior reflecting a lack of judgment and potentially subjecting him to undue influence. He also provided false information on his security clearance application, misrepresenting his relationship with the foreign national as "Professional or Business" despite admitting to a years-long sexual relationship, providing her with money and gifts, and engaging in other personal activities. Furthermore, he failed to disclose this ongoing relationship to his employer as required.
The denial was based on the applicant's long-term sexual relationship with a foreign national while married, his dishonesty about the relationship to co-workers and in his application, and his lack of candor during the investigation. These actions created vulnerabilities to coercion and exploitation, leading to the ultimate denial of his security clearance.
Why the Applicant Was Denied
- The applicant engaged in a long-term sexual relationship with a foreign national while married, raising concerns about judgment and discretion.
- The applicant lied about the nature of his relationship with the foreign national when questioned by co-workers and failed to disclose this relationship in his security clearance application.
- The applicant's lack of candor and dishonesty in his application and during the investigation created vulnerabilities to coercion and exploitation.
Conditions Referenced
- D.13.craisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D.13.draisedSexual Behavior of a Public Nature or That Reflects a Lack of Discretion or Judgment
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16.eraisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- D.14.brejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to RecurThe applicant's ongoing relationship and lack of credibility undermined this mitigation.
- D.14.crejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's past conduct continued to pose a risk.
- D.14.drejectedThe Sexual Behavior Is Strictly Private, Consensual, and DiscreetThe public nature of the relationship and the applicant's dishonesty negated this mitigation.
- E.17.crejectedThe 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 RecurThe applicant's ongoing relationship and dishonesty were significant.
- E.17.erejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or DuressThe applicant's lack of transparency and ongoing relationship did not demonstrate this.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 29, 2016
- Answer filedMar 7, 2017
- Hearing heldAug 22, 2017
- Decision dateMay 24, 2018
Cite For
- Denial of Security Clearance Due to Long-term Sexual Relationship with Foreign National Under Guideline D
- Lack of Candor and Dishonesty in Security Clearance Application Under Guideline E
- Vulnerability to Coercion and Exploitation Due to Personal Conduct.