Summary
A 50-year-old married man with two children was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a long-term extramarital relationship that the applicant concealed from his family. This concealment was identified as a significant vulnerability to coercion, exploitation, and duress.
The Statement of Reasons specifically alleged that the undisclosed extramarital relationship increased his susceptibility to such pressures, noting his clear desire to keep the relationship secret from his wife and children. Disqualifying conditions related to personal conduct and vulnerability were raised, while mitigating conditions concerning the passage of time and positive changes were considered.
Ultimately, the clearance was denied because the applicant's concealed extramarital relationship increased his vulnerability to coercion and exploitation. The judge also found that his concealment demonstrated a lack of discretion and judgment, and he failed to take positive steps to mitigate this vulnerability. Granting access to classified information was deemed inconsistent with national interest.
Why the applicant was denied
- The applicant's long-term extramarital relationship increases his vulnerability to coercion, exploitation, and duress.
- The applicant's concealment of the relationship from his wife and children demonstrates a lack of discretion and judgment.
- The applicant failed to take positive steps to mitigate his vulnerability to coercion.
Conditions referenced
- E2.A4.1.2.3appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.1.2.4appliedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E2.A5.1.2.4appliedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E2.A4.1.3.3appliedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability
- E2.A5.1.3.5rejectedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation or DuressThe applicant has not taken positive steps to mitigate his vulnerability.
Key rule quoted
“All the Government must prove is that facts and circumstances exist which indicate applicant is at risk for mishandling classified information.”
Procedural posture
- SOR issuedJul 27, 2004
- Answer filedAug 26, 2004
- Hearing heldMar 2, 2005Applicant requested a continuance.
- Decision dateMar 18, 2005
Cite for
- Vulnerability to Coercion Due to Concealed Personal Conduct Under Guideline E.
- Disqualifying Conditions Related to Sexual Behavior Under Guideline D.
- The Necessity of Demonstrating Reform or Changed Circumstances for Security Clearance Approval.