Summary
A 62-year-old U.S. citizen and defense contractor was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant concealed his 2014 divorce from his former spouse, family, and friends, continuing to live with her to maintain the appearance of marriage. Additionally, he was alleged to have engaged in an extramarital affair with another individual, Ms. W, which he also concealed from his former spouse, friends, and family.
Disqualifying conditions raised included those related to personal conduct and sexual behavior, specifically concerning deliberate misrepresentation or falsification, and engaging in sexual behavior that creates a vulnerability to exploitation. However, the judge applied several mitigating conditions, noting that the applicant's conduct was not recent and that he had voluntarily disclosed the information to security officials and during the hearing.
Ultimately, the judge determined that the applicant's failure to disclose his extramarital affair did not create a vulnerability to exploitation or duress, nor did it cast doubt on his reliability or trustworthiness. The applicant's access to classified information was therefore granted.
Why the applicant prevailed
- The applicant's failure to disclose his extramarital affair did not create a vulnerability to exploitation or duress.
- He disclosed his divorce and extramarital affair to security officials and during the hearing.
- The applicant's extramarital affair was not recent and did not cast doubt on his reliability or trustworthiness.
Conditions referenced
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 17(c)appliedBehavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation
- AG ¶ 14(b)appliedBehavior Unlikely to Recur and Does Not Cast Doubt on Reliability
- AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for Coercion
- AG ¶ 14(d)appliedSexual Behavior Is Private and Consensual
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedJul 25, 2016
- Answer filedAug 13, 2016
- Hearing heldJan 24, 2017
- Decision dateFeb 24, 2017
Cite for
- Mitigation of Personal Conduct Concerns Under Guideline E
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Whole-person Assessment in Security Clearance Determinations