Summary
A 51-year-old defense contractor employee was denied a top secret security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from a long history of sexual misconduct, including soliciting prostitutes on multiple occasions between 1966 and 1986, and engaging in an extramarital affair from 1975 to 1992.
Further issues included frequent visits to massage parlors for sexual acts. From his marriage until approximately 1986, the applicant visited massage parlors about twice a year, often on business trips, where masseuses performed sexual acts. This behavior continued between 1994 and January 1997, during which he visited massage parlors eight times for sexual services.
The judge concluded that the applicant's conduct demonstrated poor judgment and unreliability. The secretive nature of these activities, which were unknown to his spouse and coworkers, raised concerns about his potential vulnerability to undue influence or coercion. Despite a mitigating condition being considered, the extensive and long-standing nature of the sexual activities ultimately led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's sexual behavior over several decades indicated poor judgment and reliability.
- The conduct raised concerns about potential undue influence or coercion due to its secretive nature.
- The applicant's claims of good judgment were undermined by the nature and extent of his sexual activities.
Conditions Referenced
- D.1raisedSexual Behavior of a Criminal Nature
- D.2raisedCompulsive or Addictive Sexual Behavior
- D.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Undue Influence or Coercion
- D.4raisedSexual Behavior of a Public Nature And/or That Which Lacks of Discretion or Judgment
- J.1appliedCriminal Conduct
- D.3rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant's sexual behavior alone was sufficient to raise concerns.
Key Rule Quoted
“"the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedApr 29, 1997
- Answer filedMay 20, 1997Applicant requested an administrative decision on the record.
- Hearing held—
- Decision dateSep 17, 1997
Cite For
- Denial Based on Long-term Sexual Behavior Raising Security Concerns Under Guideline D
- Consideration of Potential Coercion Due to Secretive Sexual Conduct
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline J