Affair, top secret clearance

I just submitted my sf 86 for my top secret clearance. I’m married and I had an affair with my last boss (also married) from sept of 2018 to dec 2018. I no longer work there and have not spoken to my former boss since I left. My husband knows all about it, as well as both our immediate families and some close friends. The affair is done and since everyone I care about already knows I’m not at risk for blackmail. My husband and I are reconciling and have been in marriage counseling since he found out.

I guess my question is twofold; should I have revealed the affair in the sf 86, and should I reveal the affair during the interview? Obviously if they ask directly I won’t lie about anything but I’m not sure if I’m supposed to volunteer it out of the blue.

If they ask, will they ask about who the affair was with? My former boss has a secret clearance and as far as I know his wife and higher ups at our company are still unaware. I assume he could get in trouble and while again I absolutely will not lie, I’d rather keep all of this in the past where it belongs and not stir up any problems for him if I don’t have to.

ANY advice would be greatly appreciated. I’m not sure what to do. Thanks.

If you are no longer subject to coercion over the affair, it should not be a problem. While not much time has passed, this was a single affair, not a pattern, nothing illegal took place. I am not sure where on the SF86 you would have reported it.

Your former boss on the other hand IS still subject to coercion.

Depends on the state?

I would disagree. While family may know, a new job may not. They could still be pressured to have that information become public and risk getting fired?

In what state is an affair criminal? Yes, there is a sexual harassment issue that is a potential issue for her boss.

It isn’t any business of her new job unless she is doing cleared work for a religious organization.

It has been noticed, that you seem to think that the government requires or expects perfect behavior from cleared personnel. Yet, you see here, everyday, that this simply isn’t the case. Is there an issue there? Most of your posts lately revolve around statements like, “You smoked pot in 10th grade, you don’t deserve a clearance.” I not only find that to be unhelpful but think that it can have a negative impact on new poster or new applicants here. Not that my opinion matters a whit . . .

A quick google search showed 15 or more where it is an issue.

Someone could blackmail her at her new job. Some organizations do not want the drama. That is what i was trying to say.

If someone did that in the 10th grade and I commented on it, I misread the post. Most post about it in college (right before applying), recently or selling the stuff. In my opinion, they don’t need a clearance. I have a right to my opinion. It doesn’t matter anyway, just pay a lawyer and you will be cleared.

@Klh I had that question asked during a poly: whether I ever “broken trust to a significant other”. The explanation to the question was that if you can cheat on your spouse then you can sell your countries’ secrets. Did anybody else have that question asked?

I think that this may be an issue and you should over report. Be honest, own it and show that you have matured and will not do this again. If you can deceive your own partner, then there is an potential to be compromised.

SF-86 does not ask this question, so it doesnt need to be disclosed. As for the interview with background investigator, I doubt that you will be asked about that so I wouldnt recommend you to volunteer this information.

If asked, you should ask the investigator the basis of the specific question since SF-86 doesnt ask this question. Your answer should centered around whether you can be blackmailed or not. Obviously, I would not advise you to be dishonest at the same time, don’t volunteer information that the form didn’t ask.

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The only time I have dealt with adultery issues were because of divorce or UCMJ action. If the issue pops up, discuss the issue frankly. If you were not involved in illegal, foreign partner, or high risk sexual behavior, we normally don’t chase it down.

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I agree; it goes to the basic character of the applicant. If people are willing to engage in that type of high-risk, generally unaccepted, and furtive behavior, what else might they do?

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Would a married military member who has frequently traveled to Thailand alone Would be a red flag to a security clearance investigator?

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Yes, “sexual tourism” is also a concern whether you are married or single, military or civilian.

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Travel is travel and the case papers ask you to describe it. I don’t think there is a pull down for sexual tourism pull down. The real question is if this is something that you could be blackmailed or coerced about? Are you participating in sexual behavior of a criminal nature? If your answer is “yes” than this is a concern.

There are a few different angles here;

No need to report on SF86 as there is no question specific to extramarital affairs, and you have stated that you are not blackmailable over this. The injured party (your spouse) is aware of it. You have taken steps (counseling) to prevent this from happening again.

Doubtful that an investigator will ask you about ever having an affair, or breaking the trust of a loved one, but they might, especially if another individual mentioned you have had an affair. At that time, you would need to disclose the details, and yes they will ask you for a name of the affair partner. You do not have to disclose it.

However, being that this affair partner was your boss, they will be interviewed. We are required to interview supervisors from current and previous employments. Or I should say we will make all attempts to interview current and former supervisors. So…
If the supervisor IS interviewed the investigator WILL NOT bring up the affair. They will ask the supervisor if there is anything that could be used against you as a source of blackmail.

In my experience affairs are not as rare as one might think. Some disclaim the affairs, some do not.

What evidence would i need to provide to security clearance investigator during the interview to prove i do not travel to Thailand for sex tourism?

I think your word alone would be suffucient. I think the only time that could be expanded is if one had a CI poly that only dealt with foreign contacts/activity and not lifestyle, etc

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Not true. In many states, an affair is criminal and you are required to report it, in addition to the exact cause of divorce.

I think I would change the word many to some: “In 12 of the states where adultery is still a crime (Arizona, Alabama, Florida, Georgia, Illinois, Kansas, Maryland, Mississippi, New York, North Dakota, South Carolina, and Virginia), it is a petty offense (the maximum punishment in Maryland is a $10 fine), or is a misdemeanor. But it continues to be a felony in 3 states (Oklahoma, Michigan, and Wisconsin) and is punishable most severely among those states in Michigan who someone convicted of adultery faces up to four years in prison and in Oklahoma where the maximum sentence is five years in prison.” criminal law - Is there a place where adultery is a crime? - Law Stack Exchange.

So, if one doesn’t live in one of those states, they have not committed a crime, unless adultery is a federal crime. However, even if it isn’t a crime, it certainly seems a blackmail risk for the married party to the affair, if that person remains married, unless their spouse is already aware.