Summary
A 55-year-old principal systems engineer and Marine Corps officer was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). Between 1995 and July 2009, the applicant engaged in sexually explicit online chat groups, frequently soliciting and receiving sexual services from women met online, and had sexual intercourse with three of them. In July 2009, he was charged with felony solicitation of a minor, later pleading guilty to a misdemeanor solicitation charge. He received two years of probation before judgment and completed a court-ordered sex offender treatment program, with probation ending in August 2011 and treatment completed in January 2012.
Financially, the applicant accumulated significant delinquencies on multiple properties. These included a home equity loan, a property purchased for $344,000 with a $100,000 deficiency, two properties purchased in June 2005 for $155,000 and $181,000 with deficiencies of $27,862 and $35,082 respectively, and another property purchased for $308,000 with an $18,640 deficiency. Additionally, a home equity loan on a business property became delinquent in 2008, resulting in a $74,000 charged-off debt. He also failed to pay annual maintenance fees for a timeshare due to financial problems. One disputed debt was resolved in his favor and removed from his credit reports.
The denial was based on the applicant's long history of high-risk sexual behavior, which raised significant doubts about his judgment and reliability. The solicitation charge and associated criminal conduct were considered recent and serious. While the applicant completed a sex offender treatment program, this was deemed insufficient to mitigate the security concerns given the nature and duration of his conduct.
Why the applicant was denied
- The applicant's long history of high-risk sexual behavior raised doubts about his judgment and reliability.
- The applicant's solicitation charge and subsequent criminal conduct were deemed recent and serious, undermining his trustworthiness.
- The applicant's completion of a treatment program was insufficient to mitigate the security concerns due to the nature and duration of his behavior.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedCriminal Conduct
- AG ¶ 13(a)raisedSexual Behavior
- AG ¶ 32(d)rejectedCriminal ConductWhile the applicant demonstrated some evidence of rehabilitation, it was not sufficient to fully mitigate the security concerns.
Key rule quoted
“"The 'clearly consistent with the national interest' standard compels resolution of any reasonable doubt about an applicant’s suitability for access in favor of the Government."”
Procedural posture
- SOR issuedSep 26, 2011
- Answer filedNov 8, 2012
- Hearing heldFeb 22, 2012Postponed from 02/13/2012.
- Decision dateMar 1, 2012
Cite for
- High-risk Sexual Behavior as a Disqualifying Factor Under Guideline D and J
- Insufficient Mitigation of Security Concerns Despite Completion of Treatment Programs
- Recent Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J.