Summary
A 62-year-old senior partner in a defense consulting firm was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant's Statement of Reasons detailed multiple instances of adulterous conduct across his three marriages, including at least six extra-marital sexual encounters during his current marriage.
Further concerns arose because the applicant initially lied to a security investigator, denying any adulterous conduct in his present marriage, despite later admitting to the affairs. He also failed to disclose this conduct to his current wife.
The judge determined that the applicant did not mitigate the security concerns. The denial was based on his lack of discretion and judgment demonstrated by the affairs, his deliberate false statements to an investigator, and his increased vulnerability to coercion, exploitation, or duress due to his failure to inform his current wife of his conduct.
Why the applicant was denied
- The applicant engaged in multiple adulterous affairs during his marriages, reflecting a lack of discretion and judgment.
- He deliberately provided false information to a security investigator regarding his adulterous conduct.
- The applicant's failure to inform his current wife of his affairs increases his vulnerability to coercion, exploitation, or duress.
Conditions referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature
- E2.A4.1.2.2rejectedCompulsive or Addictive Sexual Behavior
- E2.A4.1.2.3appliedSexual Behavior That Causes Vulnerability to Coercion
- E2.A4.1.2.4appliedSexual Behavior Reflecting Lack of Discretion
- E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information
- E2.A5.1.2.4appliedConcealment of Information Increasing Vulnerability
- E2.A5.1.2.5appliedPattern of Dishonesty or Rule Violations
- E2.A4.1.3.2rejectedBehavior Was Not Recent
- E2.A4.1.3.3rejectedNo Other Evidence of Questionable Judgment
- E2.A5.1.3.3appliedPrompt, Good-faith Efforts to Correct Falsification
- E2.A5.1.3.5rejectedPositive Steps to Reduce Vulnerability
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural posture
- SOR issuedDec 8, 2004
- Answer filedDec 15, 2004
- Hearing heldMay 17, 2005Applicant waived the required 15 days notice for a hearing.
- Decision dateJul 13, 2005
Cite for
- Denial of Security Clearance Due to Multiple Instances of Adulterous Conduct Under Guideline D
- Impact of Dishonesty in Security Clearance Evaluations Under Guideline E
- Vulnerability to Coercion as a Basis for Disqualification in Security Clearance Cases.