Summary
A 45-year-old engineer's security clearance was granted despite concerns under Guideline D (Sexual Behavior) and Guideline G (Alcohol Consumption). The applicant had engaged in inappropriate conduct with his 14-year-old adopted daughter on two occasions, including inappropriate touching and observing her bathing without her knowledge. He also had a history of alcohol consumption, was diagnosed with alcohol abuse or dependence, and consumed alcohol after professional advice against it.
However, the applicant demonstrated significant mitigating factors. He proactively reported his inappropriate conduct to both the police and child protective services and sought counseling to understand his behavior. He has not engaged in similar conduct in the five years since the incidents, indicating rehabilitation.
Treating professionals did not diagnose him as a sexual deviant or alcohol dependent, suggesting a low risk of recurrence for both issues. The judge found that the applicant had taken immediate responsibility and mitigated the security concerns, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant took immediate responsibility for his actions by reporting them to authorities and seeking counseling.
- He has not engaged in any similar conduct since the incidents five years ago, demonstrating rehabilitation.
- The treating professionals did not diagnose him as a sexual deviant or alcohol dependent, indicating a low risk of recurrence.
Conditions Referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
- E2.A7.1.2.5raisedHabitual ... Consumption to the Point of Impaired Judgment
- E2.A4.1.3.2appliedThe Behavior Is Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- E2.A4.1.3.3appliedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability
- E2.A4.1.3.4appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- E2.A7.1.3.1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
- E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedOct 21, 2004
- Answer filedDec 3, 2004Applicant requested a hearing.
- Hearing heldOct 12, 2005
- Decision dateDec 8, 2005
Cite For
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Mitigation of Alcohol Consumption Issues Under Guideline G
- Proactive Reporting and Counseling as Factors in Favor of Clearance