Summary
A 51-year-old defense contractor and military veteran was denied a security clearance under Guideline E (Personal Conduct). The Statement of Reasons included allegations that the applicant intentionally provided false information during his background interview, specifically denying engaging in sexual acts at massage parlors. Additionally, it was noted that the applicant smoked marijuana on approximately three occasions in 2002.
Disqualifying conditions related to personal conduct were raised, including intentional dishonesty or concealment, a pattern of questionable judgment, and a history of illegal or unethical conduct. While mitigating conditions such as the conduct being an isolated incident, the passage of time, and the conduct not being recent were considered, they were ultimately insufficient.
The denial was primarily based on the applicant's intentional provision of false information during his background interview concerning his sexual conduct. This lack of candor, combined with a history of questionable personal conduct, raised significant concerns about his reliability and trustworthiness. The applicant's failure to be completely truthful during the security clearance process prevented the mitigation of these security concerns.
Why the Applicant Was Denied
- The applicant intentionally provided false information during his background interview regarding his sexual conduct.
- The applicant's history of engaging in questionable personal conduct raised concerns about his reliability and trustworthiness.
- The applicant's failure to demonstrate complete candor during the security clearance process precluded mitigation of the security concerns.
Conditions Referenced
- E2.A5.1.2appliedDeliberately Providing False or Misleading Information
- E2.A5.1.3appliedCredible Adverse Information in Several Adjudicative Issue Areas
- E2.A5.1.5appliedPersonal Conduct Creating Vulnerability to Exploitation
- E2.A5.2.1rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's attempts to clarify his conduct were undermined by his prior dishonesty.
- E2.A5.2.3rejectedThe Offense Is so Minor or InfrequentThe applicant's conduct was not considered minor due to its frequency and nature.
- E2.A5.2.4rejectedAcknowledgment of Behavior and CounselingWhile the applicant sought counseling, his lack of candor during interviews negated this as a mitigating factor.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedNov 17, 2015
- Answer filedDec 16, 2015Applicant elected to proceed without a hearing.
- Hearing held—Case decided on written record.
- Decision dateMay 19, 2017
Cite For
- Denial of Security Clearance Due to Lack of Candor Under Guideline E
- Impact of Personal Conduct on Security Clearance Eligibility
- Importance of Truthful Disclosure During Background Investigations