Summary
A 51-year-old defense contractor and military retiree was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The allegations stemmed from a long-term extramarital affair with a friend's wife, which lasted over 20 years and ended in 2013. This conduct raised questions about the applicant's judgment and created potential vulnerabilities to exploitation, manipulation, and duress.
The judge found that the applicant successfully mitigated these concerns. Key factors included the applicant's full disclosure of the affair on his security clearance application (SF 86), demonstrating candor. Furthermore, the affair concluded in 2013, and there has been no recurrence of similar conduct since.
Additionally, the applicant's wife was made aware of the affair, and they are actively addressing their marital issues. These mitigating circumstances led the judge to conclude that the past conduct was unlikely to recur, resulting in the granting of the security clearance.
Why the applicant prevailed
- The applicant disclosed the affair on his SF 86, demonstrating candor.
- The affair ended in 2013, and the applicant has not engaged in similar conduct since.
- The applicant's wife was informed of the affair, and they are working through their issues together.
Conditions referenced
- D.12.araisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- D.12.craisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D.12.draisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- E.16.craisedCredible Adverse Information in Several Adjudicative Issue Areas That Is Not Sufficient for an Adverse Determination Under Any Other Single Guideline
- E.16.eraisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- D.14.bappliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- D.14.cappliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- D.14.dappliedThe Sexual Behavior Is Strictly Private, Consensual, and Discreet
- E.17.cappliedThe 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 Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- E.17.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
- E.17.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 3, 2014
- Answer filedOct 23, 2014
- Hearing heldMar 31, 2015
- Decision dateMay 13, 2015
Cite for
- Mitigation of Long-term Extramarital Affairs Under Guideline D
- Consideration of Personal Conduct in the Context of Overall Character and Reliability
- Importance of Disclosure in Security Clearance Applications