Summary
A 46-year-old electrician, employed by a defense contractor, was granted a security clearance despite concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons alleged that between 2001 and 2004, the applicant engaged in sexual relations with prostitutes four or five times, leading to a misdemeanor conviction for solicitation of prostitution. This conduct raised concerns that he could be vulnerable to coercion or exploitation.
Disqualifying conditions were raised, but the judge applied several mitigating conditions. The applicant accepted responsibility for his actions by pleading guilty to the solicitation offense and successfully completed a two-year unsupervised probation.
Furthermore, he demonstrated reform by disclosing his past misbehavior to his wife and working through marital issues. Based on these mitigating factors, the judge found sufficient evidence to resolve the security concerns, and the applicant's security clearance was granted.
Why the applicant prevailed
- The applicant accepted responsibility for his actions by pleading guilty to the solicitation offense.
- He completed a two-year unsupervised probation without incident.
- The applicant disclosed his misbehavior to his wife and worked through marital issues, demonstrating reform.
Conditions referenced
- DC 1raisedCriminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedSexual Behavior of a Criminal Nature
- DC 3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- DC 4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress
- MC 3appliedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability
- MC 4appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- MC 5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
- MC 6appliedAssociation with Persons Involved in Criminal Activity Has Ceased
Key rule quoted
“The only purpose of a security-clearance decision 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 issuedJun 21, 2006
- Answer filed—
- Hearing heldDec 5, 2006
- Decision dateDec 29, 2006
Cite for
- Mitigation of Criminal Conduct Under Guideline J
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Mitigation of Personal Conduct Issues Under Guideline E