Summary
A 42-year-old senior engineer for a defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from allegations that in 1993, while serving overseas in the military, the applicant sexually molested his 12-year-old stepdaughter on at least eight occasions over a three- to four-month period.
When initially questioned about these allegations, the applicant denied the behavior and subsequently falsified information on security clearance applications. The judge determined that this conduct raised significant security concerns, specifically citing the sexual molestation and the deliberate falsification of official documents.
The decision highlighted that the applicant's past actions demonstrated a lack of judgment and discretion, which could make him vulnerable to coercion. No evidence of rehabilitation or recent conduct was presented that sufficiently mitigated these concerns, leading to the denial of the security clearance.
Why the applicant was denied
- Applicant sexually molested his 12-year-old stepdaughter on multiple occasions.
- He denied the allegations when questioned and falsified information on security clearance applications.
- The applicant's past conduct reflects a lack of judgment and discretion, making him vulnerable to coercion.
Conditions referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.1.2.2raisedCompulsive or Addictive Sexual Behavior When the Person Is Unable to Stop a Pattern of Self-destructive or High-risk Behavior or That Which Is Symptomatic of a Personality Disorder
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual’s Vulnerability to Coercion
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations
- E2.A4.1.3.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- E2.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
- E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts
Key rule quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural posture
- SOR issuedJul 12, 2005
- Answer filedDec 6, 2005Requested a hearing on the written record.
- Hearing heldMar 8, 2007Conducted as scheduled.
- Decision dateApr 30, 2007
Cite for
- Disqualifying Conditions Under Guideline D for Sexual Behavior
- Disqualifying Conditions Under Guideline E for Personal Conduct
- The Impact of Past Criminal Behavior on Security Clearance Eligibility