Summary
A 41-year-old defense contractor and military veteran was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant had a felony conviction for soliciting a child via computer, stemming from a 2003 arrest, and subsequently violated probation in 2007.
The Statement of Reasons highlighted that the applicant's behavior leading to the felony conviction demonstrated a severe lack of judgment and created vulnerability to coercion, exploitation, and duress. His criminal conduct also reflected questionable judgment and an unwillingness to comply with rules and regulations. Disqualifying conditions were raised under AG ¶ 13(a), AG ¶ 13(c), AG ¶ 31(b), AG ¶ 31(d), and AG ¶ 16(e).
While mitigating conditions AG ¶ 14(e) and AG ¶ 32(d) were applied, the judge ultimately found that the applicant's felony conviction for soliciting a child via computer reflected a severe lack of judgment. Inconsistent statements regarding his knowledge of the victim's age raised concerns about his honesty and reliability, and his past conduct continued to create vulnerability to coercion and exploitation. The security clearance was therefore denied.
Why the applicant was denied
- The applicant's felony conviction for soliciting a child via computer reflected a severe lack of judgment.
- Inconsistent statements regarding knowledge of the victim's age raised concerns about honesty and reliability.
- The applicant's past conduct continues to create vulnerability to coercion and exploitation.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(d)raisedViolation of Probation
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 14(e)appliedSuccessful Completion of TreatmentThe applicant completed extensive psychosexual treatment while on probation.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationDespite time elapsed since offenses, concerns about current reliability and judgment remain.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedJun 12, 2020
- Answer filed—Applicant submitted an undated response.
- Hearing heldMar 18, 2021Applicant changed request to a decision based on the written record.
- Decision dateAug 4, 2021
Cite for
- Disqualifying Conditions Related to Sexual Behavior Under Guideline D
- Disqualifying Conditions Related to Criminal Conduct Under Guideline J
- Disqualifying Conditions Related to Personal Conduct Under Guideline E