Summary
A 64-year-old defense contractor employee was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed that the applicant viewed pornography during work hours, downloaded approximately 500 pornographic movies without payment, and viewed pornography depicting underage girls. Additionally, he concealed his pornography use from both his wife and employer.
While one incident involving the applicant head-butting his infant daughter was deemed unlikely to recur due to unique circumstances, this did not outweigh the other concerns. Disqualifying conditions were raised under AG ¶ 13(a), AG ¶ 13(b), AG ¶ 13(c), AG ¶ 13(d), and AG ¶ 16(e). Mitigating conditions were applied under AG ¶ 17(b), AG ¶ 17(c), and AG ¶ 17(d).
Ultimately, the denial was based on the applicant's admitted regular viewing of pornography, including illegal content involving minors, and his concealment of this behavior. This pattern of conduct, characterized by questionable judgment and a lack of candor, led to significant doubts about his reliability and trustworthiness.
Why the applicant was denied
- The applicant admitted to regularly viewing pornography during work hours, including illegal content involving minors.
- He concealed his behavior from his spouse and employer, raising concerns about his reliability and trustworthiness.
- The applicant's long history of questionable judgment and lack of candor contributed to the denial of his clearance.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)raisedVulnerability to Coercion, Exploitation, or Duress
- AG ¶ 13(d)raisedLack of Discretion or Judgment in Sexual Behavior
- AG ¶ 16(e)raisedConcealment of Information About One's Conduct
- AG ¶ 17(b)rejectedAcknowledgment of Behavior and Positive Steps TakenThe applicant did not provide evidence of counseling or positive steps to mitigate his conduct.
- AG ¶ 17(c)rejectedReduction of Vulnerability to ExploitationThe applicant remains vulnerable to coercion due to his concealed behavior.
- AG ¶ 17(d)rejectedPositive Steps to Alleviate RisksNo evidence was presented to show the applicant took steps to alleviate risks from his conduct.
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 issuedFeb 26, 2024
- Answer filedApr 1, 2024
- Hearing held—Decision based on administrative record.
- Decision dateDec 16, 2024
Cite for
- Denial of Security Clearance Due to Concealment of Personal Conduct Under Guideline E
- Impact of Criminal Sexual Behavior on Security Clearance Eligibility Under Guideline D
- Vulnerability to Coercion as a Disqualifying Factor in Security Clearance Cases.