Summary
A 55-year-old executive for a defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline G (Alcohol Consumption). The applicant's history included multiple extramarital affairs prior to 1983, a 2002 conviction for driving under the influence of alcohol, and a 2004 incident where he sexually harassed a female employee after consuming alcohol. The applicant did not report the sexual harassment incident to his wife.
The judge determined that the applicant's pattern of extramarital affairs and the recent sexual harassment incident demonstrated poor judgment and untrustworthiness. Furthermore, the alcohol-related incidents, specifically the DUI and the sexual harassment occurring after drinking, indicated a lack of reliability and impulse control.
Ultimately, the applicant failed to provide sufficient evidence of rehabilitation or positive behavioral changes to mitigate these security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's history of extra-marital affairs and recent sexual harassment incident demonstrated a pattern of poor judgment and untrustworthiness.
- The applicant's alcohol-related incidents, including a DUI and sexual harassment after drinking, indicated a lack of reliability and control over impulses.
- The applicant did not provide sufficient evidence of rehabilitation or positive changes in behavior to mitigate the security concerns.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations
- 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.A4.1.2.4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- E2.A7.1.2.2raisedAlcohol-related Incidents at Work, Such as Reporting for Work or Duty in an Intoxicated or Impaired Condition
- E2.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
- E2.A5.1.3.5rejectedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
- E2.A4.1.3.2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- E2.A4.1.3.3rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability
- E2.A4.1.3.4rejectedThe Behavior No Longer Serves as a Basis of Coercion, Exploitation, or Duress
- E2.A7.1.3.1rejectedThe Alcohol-related Incidents Do Not Indicate a Pattern
- E2.A7.1.3.2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of Sobriety
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedJul 29, 2005
- Answer filedAug 25, 2005Applicant admitted all allegations.
- Hearing held—Decided on the written record.
- Decision dateNov 27, 2006
Cite For
- Pattern of Poor Judgment and Untrustworthiness Under Guideline E
- Recent Alcohol-related Incidents Impacting Security Clearance Under Guideline G
- Sexual Behavior Reflecting Lack of Discretion Under Guideline D