Summary
A 55-year-old married defense contractor was denied retention of his DoD security clearance due to concerns under DOHA Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from multiple arrests and convictions for soliciting prostitution, which the government alleged demonstrated criminal sexual behavior and questionable judgment, potentially subjecting the applicant to coercion.
Specifically, the applicant was arrested and convicted twice for soliciting prostitutes, and again in March 1998, pleading no contest to a solicitation charge. He also solicited prostitutes on at least two additional occasions. This pattern of conduct raised disqualifying conditions J1, D1, E4, and E5.
The judge found that the applicant's repeated criminal conduct, coupled with a lack of candor regarding his past actions, rendered him untrustworthy and vulnerable to coercion. The applicant failed to provide persuasive evidence of rehabilitation or mitigation to address these concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant engaged in criminal conduct by soliciting prostitution on multiple occasions, leading to arrests and convictions.
- The applicant's lack of candor regarding his past conduct raised concerns about his reliability and trustworthiness.
- The applicant failed to provide persuasive evidence of rehabilitation or mitigation to counter the government's case.
Conditions Referenced
- J1raisedCriminal Conduct
- D1raisedSexual Behavior of a Criminal Nature
- E4raisedPersonal Conduct That Increases Vulnerability to Coercion
- E5raisedPattern of Dishonesty or Rule Violations
Key Rule Quoted
“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct; the extent to which conduct was negligent, willful, voluntary, or undertaken with the knowledge of the circumstances or consequences involved; and, to the extent that it can be estimated, the probability that conduct will or will not continue in the future.”
Procedural Posture
- SOR issuedJun 26, 2001
- Answer filedAug 2, 2001Applicant requested decision without a hearing.
- Hearing held—
- Decision dateJan 2, 2002
Cite For
- Criminal Conduct Leading to Security Clearance Denial Under Guideline J
- Sexual Behavior Concerns Impacting Security Clearance Under Guideline D
- Personal Conduct Issues Affecting Trustworthiness Under Guideline E