Summary
A 41-year-old security guard for a defense contractor was granted a security clearance despite allegations under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons detailed that the applicant had four extra-marital affairs, including one with a supervisor at the work site, and had lied about these affairs to Defense Security Service (DSS) agents. Additionally, the applicant was accused of falsifying her time card by not recording monthly absences of one to two hours. These denials in her sworn statement were alleged to violate 18 U.S.C. § 1001.
The judge found that the applicant successfully mitigated the concerns. It was noted that her sexual affairs occurred while she was separated from her spouses and were not recent. There was no evidence suggesting her conduct indicated a lack of discretion or made her vulnerable to coercion.
Furthermore, the applicant's supervisor supported her claim that her absences from work were authorized. Based on these mitigating factors, the applicant's security clearance was granted.
Why the applicant prevailed
- The applicant's sexual affairs occurred while she was separated from her spouses and were not recent.
- There was no evidence that the applicant's conduct indicated a lack of discretion or made her vulnerable to coercion.
- The applicant's supervisor supported her claim that her absences from work were authorized.
Conditions referenced
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- E2.A4.1.2.4raisedSexual Behavior of a Public Nature And/or Which Reflects Lack of Discretion or Judgment.
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator.
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A4.1.3.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.
- E2.A4.1.3.4appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.
- E2.A5.1.3.1appliedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability.
- E2.A5.1.3.5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.
- E2.A10.1.3.2appliedThe Crime Was an Isolated Incident.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedDec 11, 2002
- Answer filedDec 26, 2002
- Hearing heldMar 13, 2003
- Decision dateMar 31, 2003
Cite for
- Mitigation of Personal Conduct Concerns Under Guideline E
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Credibility of Applicant's Testimony Regarding Conduct and Supervisor's Authorization for Time Off