Summary
A 62-year-old male applicant was denied a security clearance under Guideline E (Personal Conduct) due to a history of workplace misconduct, aggressive behavior, and a pattern of deception. The Statement of Reasons detailed several allegations, including termination from one job in 2004 for fighting and from another in approximately September 2016 for violating a workplace harassment policy through verbal harassment or abusive conduct. Additionally, in 2015, the applicant assaulted a salesman by hitting him in the face.
Further concerns arose from the applicant's deliberate provision of false information on his Security Clearance Application (SCA). He falsely stated he left a job in December 2005 because the work was finished, when in fact he had been terminated. These actions raised disqualifying conditions under Adjudicative Guidelines paragraphs 16(a), 16(c), 16(d), and 16(e).
While mitigating conditions under paragraphs 17(a) and 17(c) were considered, they were insufficient to overcome the concerns. The judge found that the applicant admitted to the personal conduct issues, demonstrated a pattern of deception by failing to disclose terminations and providing false information, and exhibited a lack of self-control and poor judgment through his aggressive behavior and justifications. Ultimately, these factors led to the denial of his security clearance, as they raised significant doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to multiple allegations of personal conduct issues, including termination for fighting and workplace harassment.
- The applicant demonstrated a pattern of deception by failing to disclose his termination and providing false information on security clearance applications.
- The applicant's aggressive behavior and justifications for his actions indicated a lack of self-control and poor judgment.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant failed to make a prompt, good-faith effort to correct his false statement.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's aggressive conduct was not minor and showed a pattern of behavior unlikely to change.
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedJun 13, 2018
- Answer filedJun 26, 2018
- Hearing heldJan 18, 2019
- Decision dateFeb 14, 2019
Cite For
- Pattern of Deception and Questionable Judgment Under Guideline E
- Failure to Mitigate Personal Conduct Issues
- Impact of Aggressive Behavior on Security Clearance Eligibility