Summary
A 32-year-old defense contractor with a Bachelor's Degree in Electrical Engineering was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several instances of inappropriate and criminal sexual behavior.
Specifically, the applicant had an extra-marital affair in 1994 for approximately three months with a former high school girlfriend. In 1995, he engaged the services of a prostitute. A second extra-marital affair occurred from November 1996 to January 1997 with a family friend. The applicant stated his intent to avoid future extra-marital affairs and had disclosed his past improper and, in part, criminal sexual behavior to his wife, business associates, and various family members.
The judge found that the applicant demonstrated credible evidence of remorse and a commitment to avoid future inappropriate behavior. The applicant's disclosure of his past conduct to relevant individuals mitigated potential undue influence or coercion. Furthermore, the criminal conduct was isolated and occurred over two years prior, reducing its relevance to current security concerns. Based on these factors, the security clearance was GRANTED.
Why the applicant prevailed
- The applicant demonstrated credible evidence of remorse and intent to avoid future inappropriate behavior.
- The applicant disclosed his past conduct to those with a need to know, mitigating potential undue influence or coercion.
- The criminal conduct was isolated and occurred over two years prior, reducing its relevance to current security concerns.
Conditions referenced
- D.1raisedSexual Behavior of a Criminal Nature
- J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- D.4appliedThe Behavior No Longer Serves as a Basis for Undue Influence or Coercion
- J.2appliedThe Criminal Behavior Was Not Recent
- J.1appliedThe Crime Was an Isolated Incident
Key rule quoted
“[e]ach clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2, including as appropriate: a. Nature and seriousness of the conduct and surrounding circumstances.”
Procedural posture
- SOR issuedJul 24, 1997
- Answer filedAug 13, 2014
- Hearing heldDec 18, 1997
- Decision dateJan 23, 1998
Cite for
- Mitigation of Past Criminal Conduct Under Guideline J
- Disclosure of Past Behavior to Mitigate Security Concerns
- Remorse and Intent to Avoid Future Misconduct as Mitigating Factors Under Guideline D