Summary
A 56-year-old foreman and military retiree was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons detailed that in 1994, the applicant engaged in child-sexual abuse involving his then 13-year-old stepdaughter while her mother was hospitalized. This conduct raised significant questions about his reliability and trustworthiness.
Additionally, the applicant faced several financial issues. These included a $392 past-due credit card account, a $283 past-due credit card account, an $8,120 charged-off line of credit, and a $6,724 past-due home mortgage loan. While the applicant presented evidence of addressing these financial difficulties, mitigating conditions were applied for his financial considerations.
Ultimately, the judge determined that the applicant's past conduct, specifically the child-sexual abuse, continued to undermine his good judgment, despite his completion of a treatment program. This led to the denial of his security clearance application.
Why the Applicant Was Denied
- The applicant engaged in child-sexual abuse in 1994, which raised significant concerns about his reliability and trustworthiness.
- The nature of the applicant's past conduct continues to undermine his good judgment, despite his completion of a treatment program.
Conditions Referenced
- E2.A2.1appliedCriminal Conduct
- F3.A1rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's past conduct was a major breach of trust and continues to raise concerns.
- F3.A2appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant attributed his financial difficulties to a downturn in the construction business.
- F3.A3appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlThe applicant has made efforts to address his financial debts.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMar 15, 2010
- Answer filed—
- Hearing heldSep 16, 2010
- Decision dateJan 11, 2011
Cite For
- Disqualifying Conduct Under Guideline E Due to Child-sexual Abuse
- Mitigating Conditions for Financial Difficulties Under Guideline F
- The Application of the Clearly Consistent Standard in Security Clearance Determinations