Summary
A 56-year-old former U.S. Navy member and current government contractor was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a documented history of soliciting prostitutes and engaging in sexual acts for payment, which occurred over a 25-year period from 1994 to 2017. This behavior continued even while the applicant held a security clearance.
The Statement of Reasons specifically cited the applicant's repeated solicitation of prostitutes and frequenting of massage parlors for paid sexual acts, raising concerns under both sexual behavior and personal conduct guidelines. Disqualifying conditions AG ¶ 13(a), AG ¶ 13(b), AG ¶ 13(c), and AG ¶ 13(d) were raised.
Despite the applicant's claim to have ceased the conduct, the judge found insufficient evidence to mitigate the security concerns. The denial was based on the applicant's continued engagement in the behavior even after being warned of its implications for his clearance and after receiving a Statement of Reasons. Furthermore, the applicant undermined his credibility by providing false information to a psychologist regarding the cessation of his sexual conduct. Mitigating conditions AG ¶ 14(c) and AG ¶ 14(d) were applied but ultimately did not overcome the security concerns.
Why the applicant was denied
- The applicant engaged in soliciting prostitutes and paying for sexual acts for over 25 years, including while holding a security clearance.
- He continued this conduct even after being informed it could jeopardize his clearance and after receiving a Statement of Reasons (SOR).
- The applicant lied to a psychologist about ceasing his sexual conduct, undermining his credibility.
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 ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion or Judgment
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's past behavior continues to raise security concerns.
- AG ¶ 14(d)rejectedBehavior Is Strictly Private, Consensual, and DiscreetThe applicant's conduct was not private and involved illegal activities.
Key rule quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural posture
- SOR issuedJul 4, 2017
- Answer filed—
- Hearing heldJul 17, 2018Originally scheduled for 06/07/2018, rescheduled.
- Decision dateAug 6, 2018
Cite for
- Denial of Security Clearance Due to Long-term Solicitation of Prostitutes Under Guideline D
- Impact of Dishonesty in Psychological Evaluations on Security Clearance Decisions
- Failure to Mitigate Security Concerns Related to Personal Conduct Under Guideline E