Summary
A 46-year-old procurement specialist for a defense contractor was granted a security clearance despite allegations under Guideline E (Personal Conduct). The Statement of Reasons cited a fifteen-year pattern of off-duty misconduct, including illegal gambling and hiring prostitutes, some of which occurred while holding a prior security clearance. Additionally, the applicant was alleged to have been untruthful during official interviews with a DoD investigator and to have failed to provide full and accurate information.
Disqualifying conditions E1, E3, E4, and E6 were raised. However, mitigating conditions E5 and E7 were applied. The applicant presented persuasive evidence of significant reform and changed behavior following years of misconduct.
Strong character references from co-workers attested to the applicant's honesty and reliability, and the applicant established a credible intent to avoid past illegal activities. Based on this evidence, the security clearance was granted.
Why the applicant prevailed
- The applicant presented persuasive evidence of reform and changed behavior after years of misconduct.
- Strong character references from co-workers attested to the applicant's honesty and reliability.
- The applicant's credible intent to avoid past illegal activities was established.
Conditions referenced
- E1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E4raisedPersonal Conduct or Concealment of Information That May Increase an Individual's Vulnerability to Coercion, Exploitation or Duress
- E6raisedAssociation with Persons Involved in Criminal Activity
- E5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
- E7appliedAssociation with Persons Involved in Criminal Activity Has Ceased
Key rule quoted
“The nature, extent and seriousness of the conduct; the circumstances surrounding the conduct, to include knowledgeable participation; the frequency and recency of the conduct; the individual's age and maturity at the time of the conduct; the voluntariness of participation; the presence or absence of rehabilitation and other pertinent behavioral changes; the motivation for the conduct; the potential for pressure, coercion, exploitation, or duress; and the likelihood of continuation or recurrence.”
Procedural posture
- SOR issuedJun 21, 2001
- Answer filedJul 16, 2001undated answer received by DOHA
- Hearing heldNov 20, 2001
- Decision dateJan 31, 2002
Cite for
- Evidence of Reform and Changed Behavior Under Guideline E
- Character References Supporting Applicant's Good Character
- Whole Person Concept in Security Clearance Evaluations