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Summary

This case concerns a 50-year-old software engineer whose security clearance was denied under Guideline D (Sexual Behavior). The denial stemmed from the applicant's history of engaging in sexual behavior involving payment for services, which occurred from the 1990s until early 2015.

Specifically, the Statement of Reasons alleged that the applicant engaged in criminal sexual behavior during this period. The judge found that this conduct, spanning approximately 25 years, demonstrated a significant lack of judgment and discretion.

Despite the applicant's assertions about his family values and lack of prior legal issues, the judge concluded that his actions raised substantial concerns regarding his reliability and trustworthiness. Ultimately, the applicant did not provide sufficient mitigating evidence to overcome these security concerns, resulting in the denial of his security clearance.

Why the Applicant Was Denied

• The applicant engaged in criminal sexual behavior by paying for sexual services over a period of 25 years.
• The applicant's actions demonstrated a lack of judgment and discretion, raising concerns about his reliability and trustworthiness.
• The applicant did not present sufficient evidence to mitigate the security concerns related to his sexual behavior.

Conditions Referenced

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

• SOR issuedApr 20, 2018
• Answer filedMay 21, 2018
• Hearing held—Applicant appeared pro se.
• Decision dateNov 27, 2018

Cite For

• Denial of Security Clearance Due to Long-term Engagement in Criminal Sexual Behavior
• Lack of Mitigating Factors for Sexual Behavior Under Guideline D
• Importance of Judgment and Discretion in Security Clearance Evaluations