Summary
The applicant, a 45-year-old truck driver for a defense contractor, faced allegations under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct) due to a past conviction for solicitation of prostitution. The judge found that the applicant's conduct was an isolated incident, occurred over two years ago, and that he had made significant personal changes, leading to a decision to grant the security clearance.
Under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Applicant engaged in questionable sexual conduct that is criminal (1.a). The Applicant's sexual behavior involved a criminal offense, is indicative of a personality or emotional disorder, subjects the individual to undue influence or coercion, or reflects lack of judgement or discretion (2.a). The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct (2.a).
The judge granted the clearance. The government raised disqualifying conditions D3, J1, J2. The judge applied mitigating conditions D2, D3, J1. The decision turned on the following: The applicant accepted full responsibility for his past conduct and demonstrated remorse; The conduct was an isolated incident that occurred over two years ago, with no subsequent similar behavior; The applicant's personal circumstances have improved, and he has a supportive relationship with his wife.
Why the Applicant Prevailed
- The applicant accepted full responsibility for his past conduct and demonstrated remorse.
- The conduct was an isolated incident that occurred over two years ago, with no subsequent similar behavior.
- The applicant's personal circumstances have improved, and he has a supportive relationship with his wife.
Conditions Referenced
- D3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation or Duress.
- J1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- J2raisedA Single Serious Crime or Multiple Lesser Offenses.
- D2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.
- D3appliedThere Is No Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability.
- J1appliedThe Criminal Behavior Was Not Recent.
Key Rule Quoted
“The adjudicative process is the careful weighing of a number of variables known as the whole person concept.”
Procedural Posture
- SOR issuedNov 8, 2005
- Answer filedDec 6, 2005
- Hearing heldApr 21, 2006
- Decision dateJun 15, 2006
Cite For
- Mitigation of Past Criminal Conduct Under Guideline J Due to Time Elapsed Since the Incident
- Application of Mitigating Conditions for Sexual Behavior Under Guideline D
- Consideration of Personal Circumstances and Relationships in Security Clearance Decisions