Summary
A 56-year-old male applicant with a counterterrorism background was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from admitted conduct, including engaging in sexual activities with foreign prostitutes in foreign countries while employed in sensitive undercover national security positions for a U.S. government agency. This included one instance with a foreign national in a foreign hotel steam room.
Additionally, the applicant admitted to maintaining an ongoing extramarital affair, which his wife was unaware of. These actions raised disqualifying conditions related to sexual behavior and personal conduct, specifically concerning judgment, discretion, and potential vulnerability.
While mitigating conditions were considered, the judge ultimately found that the applicant's conduct demonstrated poor judgment and a lack of discretion. The admitted sexual activities with foreign prostitutes and the undisclosed extramarital affair raised significant questions about his reliability, trustworthiness, and ability to protect classified information, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to engaging in sexual activities with foreign prostitutes while in sensitive positions.
- He maintained an ongoing extramarital affair that was undisclosed to his spouse and employer.
- The applicant's conduct raised significant questions about his reliability, trustworthiness, and ability to protect classified information.
Conditions referenced
- AG ¶ 13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- AG ¶ 13(d)appliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to RecurThe applicant's sexual behavior was frequent and ongoing.
- AG ¶ 14(c)rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's ongoing extramarital affair and past conduct still pose a risk.
- AG ¶ 17(c)rejectedThe 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 conduct was frequent and ongoing.
- AG ¶ 17(e)rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or DuressThe applicant has not taken steps to eliminate his conduct.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedMay 23, 2012
- Answer filedJun 22, 2012
- Hearing heldNov 19, 2012
- Decision dateDec 19, 2012
Cite for
- Disqualifying Conditions Related to Sexual Behavior Under Guideline D
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- The Importance of Mitigating Conditions in Assessing Security Clearance Eligibility.