Summary
A 49-year-old quality assurance manager and retired U.S. Air Force Technical Sergeant 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 past conviction for engaging in a lewd act in a public place, to which he pled Nolo Contendere after being arrested and charged in May 2001. He was also a suspect in a September 2003 assault and battery incident.
Further concerns arose from the applicant's security clearance application. He omitted relevant information in response to Question 26 and made a false statement to a government investigator in January 2006. These actions raised disqualifying conditions related to criminal conduct, sexual behavior, and personal conduct.
The judge determined that the applicant failed to mitigate these concerns. His conviction for lewd conduct and the falsification of his application by omitting criminal history were significant issues. The applicant's explanations for his behavior were found not credible, leading to a conclusion that he lacked reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant was convicted of engaging in lewd conduct in a public place, which raised significant security concerns.
- The applicant falsified his security clearance application by omitting relevant information about his criminal history.
- The applicant's explanations for his behavior were deemed not credible, indicating a lack of reliability and trustworthiness.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information Concerning Relevant Facts to an Investigator
- AG ¶ 16(e)raisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“Eligibility for a security clearance is denied.”
Procedural Posture
- SOR issuedMay 7, 2008
- Answer filedJun 2, 2008Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held; decision made on the written record.
- Decision dateNov 13, 2008
Cite For
- Failure to Mitigate Criminal Conduct Under Guideline J
- Falsification of Security Clearance Application Under Guideline E
- Security Concerns Related to Sexual Behavior Under Guideline D