Summary
This security clearance decision involved an applicant with a history of psychological conditions and sexual behavior concerns, evaluated under Guidelines D (Sexual Behavior), E (Personal Conduct), and I (Psychological Conditions). The Statement of Reasons noted the applicant's sexual attraction to and fantasies about young girls, and his past pursuit of non-sexual contact with them. These allegations were similar to those that led another government agency to deny him access to Sensitive Compartmented Information (SCI) in February 2007.
Disqualifying conditions under these guidelines were raised, including concerns related to sexual behavior, personal conduct, and psychological conditions. However, the decision ultimately applied several mitigating conditions.
The clearance was granted based on several factors. The applicant had maintained previous clearances without any security violations. Multiple mental health professionals provided testimony affirming his current reliability and trustworthiness. Furthermore, the applicant's last concerning behavior occurred over seven years prior to the decision and was determined to be under control. These factors collectively demonstrated significant rehabilitation, leading to the favorable outcome.
Why the applicant prevailed
- The applicant had no security violations during his previous clearances.
- Multiple mental health professionals testified to the applicant's current reliability and trustworthiness.
- The applicant's last concerning behavior occurred over seven years ago and is now under control.
Conditions referenced
- AG ¶ 28(b)raisedMental Health ConditionA Government Psychiatrist diagnosed the applicant with conditions that could impair judgment.
- AG ¶ 13(b)raisedCompulsive Sexual BehaviorThe applicant had a history of sadomasochistic acts.
- AG ¶ 16(c)raisedCredible Adverse InformationThe applicant was previously denied access to SCI by another agency.
- AG ¶ 29(c)appliedCondition in RemissionRecent evaluations indicated the applicant's previous conditions are under control.
- AG ¶ 14(b)appliedBehavior Unlikely to RecurThe last act of sadomasochism occurred over seven years ago.
- AG ¶ 17(c)appliedTime Passed Since ConductSignificant time has passed since the adverse conduct, and the applicant is deemed trustworthy.
Key rule quoted
“The administrative judge’s over-arching adjudicative goal is a fair, impartial and commonsense decision.”
Procedural posture
- SOR issuedFeb 4, 2011
- Answer filedMar 14, 2011
- Hearing heldFeb 22, 2012
- Decision dateApr 25, 2012
Cite for
- Evaluation of Psychological Conditions Under Guideline I
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Application of the Whole-person Concept in Security Clearance Decisions