Summary
A 48-year-old defense contractor and former Marine was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons detailed three specific allegations: an arrest in 2003 for major assault of his minor daughter, an investigation in 2006 for alleged sexual abuse of the same daughter while she was a minor, and a 2011 detention for exposing himself to an employee in a department store dressing room, resulting in a one-year ban from the premises.
The judge found that the applicant failed to mitigate these concerns. Disqualifying conditions were raised under D.1.a, E.16.c, and J.31.b, while mitigating conditions D.14.b, E.17.c, and J.32.a were considered.
Ultimately, the denial was based on the applicant's failure to take responsibility for his actions or seek counseling for the allegations. His history of inappropriate sexual behavior and questionable judgment, coupled with his denials of the allegations and lack of credible evidence of rehabilitation, led to the determination that the security concerns were not mitigated.
Why the Applicant Was Denied
- The applicant did not take responsibility for his actions or seek counseling for the allegations against him.
- The applicant's history of inappropriate sexual behavior and questionable judgment raised significant security concerns.
- The applicant's denials of the allegations and lack of credible evidence of rehabilitation contributed to the denial.
Conditions Referenced
- D.1.araisedSexual Behavior of a Criminal Nature
- E.16.craisedCredible Adverse Information in Several Adjudicative Issues Areas
- J.31.braisedEvidence of Criminal Conduct
- D.14.brejectedThe Sexual Behavior Happened so Long AgoThe applicant's actions were not infrequent and reflected a pattern of inappropriate behavior.
- E.17.crejectedThe Offense Is so Minor or InfrequentThe applicant's behavior was not minor and occurred under serious circumstances.
- J.32.arejectedSo Much Time Has Elapsed Since the Criminal Behavior HappenedThe applicant's conduct was recent and ongoing.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 6, 2015
- Answer filedDec 24, 2015
- Hearing held—Case decided on the written record.
- Decision dateJun 16, 2017
Cite For
- Denial of Security Clearance Due to Unmitigated Sexual Behavior Under Guideline D
- Assessment of Personal Conduct Reflecting Questionable Judgment Under Guideline E
- Criminal Conduct Raising Doubts About Reliability and Trustworthiness Under Guideline J