Summary
A 61-year-old information technology professional was denied a security clearance primarily under Guideline E (Personal Conduct), with Guideline D (Sexual Behavior) also considered. The Statement of Reasons included allegations that the applicant falsified material facts on his October 2021 security clearance application by denying he had been fired, quit to avoid termination, or left a job by mutual agreement following misconduct allegations. He was also accused of making false statements to an investigator in February 2022 regarding his employment separation. Additionally, an allegation under Guideline D involved masturbating in his employer's church bathroom.
While the sexual behavior allegations were not established, the judge found the applicant's admissions and actions regarding his personal conduct raised significant doubts about his reliability and trustworthiness. Disqualifying conditions AG 16(a) and AG 16(b) were raised, though mitigating conditions AG 17(a), AG 17(c), and AG 17(d) were applied.
Ultimately, the clearance was denied because the applicant admitted to deliberately falsifying information on his security clearance application and during a background interview, which directly questioned his reliability and trustworthiness.
Why the applicant was denied
- The applicant admitted to falsifying information on his security clearance application and during a background interview.
- The applicant's actions were deemed deliberate and raised questions about his reliability and trustworthiness.
Conditions referenced
- AG 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG 16(b)raisedDeliberately Providing False or Misleading Information
- AG 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not correct the omission until confronted by the investigator.
- AG 17(c)rejectedMinor Offense or Unlikely to RecurThe falsification was not considered minor and occurred recently.
- AG 17(d)rejectedAcknowledgment of Behavior and Positive Steps TakenThe applicant failed to provide evidence of positive steps to change behavior.
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 issuedJan 23, 2023
- Answer filedJun 8, 2023
- Hearing heldSep 12, 2023
- Decision dateDec 7, 2023
Cite for
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Deliberate Falsification of Information on Security Clearance Applications
- Insufficient Evidence to Establish Allegations Under Guideline D