Summary
A 40-year-old shielding specialist was denied a top secret security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline G (Alcohol Consumption). The applicant's past included six sexual encounters with two foreign national prostitutes in Thailand in 1995 and 1998, as well as an extramarital affair with a married American security clearance holder. These actions raised questions about his judgment and potential vulnerability to coercion.
While the applicant's alcohol consumption was generally moderate and did not indicate a pattern of abuse, he did have a history of alcohol-related incidents. Disqualifying conditions related to personal conduct, sexual behavior, and alcohol consumption were raised, though some mitigating conditions were also applied.
Ultimately, the clearance was denied because the applicant made intentional and inconsistent falsifications regarding past drug use. His sexual behavior was deemed to reflect poor judgment and increased vulnerability, and a history of traffic violations further demonstrated a pattern of dishonesty and disregard for laws.
Why the Applicant Was Denied
- The applicant's intentional falsifications regarding past drug use were misleading and inconsistent.
- The applicant's sexual behavior with prostitutes and an extramarital affair reflected poor judgment and increased vulnerability to coercion.
- The applicant's history of traffic violations demonstrated a pattern of dishonesty and lack of respect for laws.
Conditions Referenced
- E3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator...in Connection with a Personnel or Trustworthiness Determination;
- E4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress, Such as Engaging in Activities Which, If Known, May Affect the Person's Personal, Professional, or Community Standing or Render the Person Susceptible to Blackmail;
- E5raisedA Pattern of Dishonesty or Rules Violations, Including a Violation of Any Written or Recorded Agreement Between the Individual and the Agency.
- D4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion and Judgment.
- G1raisedAlcohol-related Incidents Away From Work;
- G5raisedHabitual or Binge Consumption of Alcohol.
- E2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.The applicant continued to deny drug use and did not provide consistent information.
- E5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.The applicant acknowledged the risks associated with his past behavior.
- D2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.The applicant's past sexual behavior was deemed significant despite his claims of change.
- D4rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.The applicant's past conduct still posed a potential risk.
- G1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern;The applicant's current alcohol consumption was deemed moderate.
- G2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem;The applicant's history of alcohol-related incidents was significant.
Key Rule Quoted
“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedMar 6, 2001
- Answer filed—
- Hearing held—via MS Teams
- Decision dateJun 18, 2003
Cite For
- Issues of Intentional Falsification of Drug Use Under Guideline E
- Vulnerability to Coercion Due to Sexual Behavior Under Guideline D
- Pattern of Dishonesty Reflected in Traffic Violations Under Guideline E