Summary
A 30-year-old single male employed by a defense contractor was granted a security clearance despite concerns raised under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The government alleged the applicant engaged in illegal sexual behavior reflecting poor judgment and conduct displaying questionable judgment, dishonesty, or an unwillingness to comply with rules. These allegations stemmed from past voyeuristic behavior and inappropriate conduct involving women's underwear.
Disqualifying conditions cited included engaging in sexual behavior that is illegal, reflects a lack of judgment, or could lead to undue influence, along with conduct displaying questionable judgment or an unwillingness to comply with rules. However, the judge applied mitigating conditions, noting the applicant's significant rehabilitation efforts, including counseling and support group participation.
The decision to grant the clearance was based on several factors. The applicant demonstrated substantial rehabilitation, and the problematic conduct occurred many years prior and was infrequent, diminishing its current relevance. Furthermore, the applicant's candor about his past actions mitigated concerns regarding potential coercion or exploitation.
Why the applicant prevailed
- The applicant demonstrated significant rehabilitation efforts, including counseling and support group participation.
- The conduct in question occurred many years ago and was infrequent, reducing its relevance to current reliability.
- The applicant's openness about his past conduct mitigated concerns about potential coercion or exploitation.
Conditions referenced
- 13.araisedSexual Behavior of a Criminal Nature
- 13.braisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- 13.craisedSexual Behavior That Causes Vulnerability to Coercion
- 13.draisedSexual Behavior Reflecting Lack of Discretion or Judgment
- 16.craisedCredible Adverse Information in Several Adjudicative Areas
- 16.draisedCredible Adverse Information Not Covered Under Other Guidelines
- 16.eraisedPersonal Conduct Creating Vulnerability to Exploitation
- 14.bappliedBehavior Unlikely to Recur
- 14.cappliedBehavior No Longer Serves as a Basis for Coercion
- 17.dappliedAcknowledgment of Behavior and Counseling
- 17.eappliedPositive Steps to Reduce Vulnerability to Exploitation
Key rule quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”
Procedural posture
- SOR issuedOct 8, 2010
- Answer filedOct 26, 2010
- Hearing heldJan 21, 2011
- Decision dateAug 25, 2011
Cite for
- Mitigation of Past Sexual Behavior Under Guideline D
- Rehabilitation Efforts Impacting Security Clearance Decisions
- Whole-person Assessment in Security Clearance Evaluations