Summary
A 54-year-old data communications technician was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of drug involvement, criminal conduct related to sexual offenses, and a lack of candor during the clearance process.
Specifically, the applicant had a history of criminal sexual conduct, including felony convictions for three counts of Taking Indecent Liberties with Children. This behavior was found to reflect poor judgment and discretion, and raised concerns about potential undue influence or coercion. Additionally, the applicant admitted to falsifying information on his security clearance application by failing to disclose recent illegal drug use.
His drug involvement included three punishments for illegal drug use while in the Navy, positive drug tests, and an expressed intent to potentially continue illegal drug use in the future. The judge concluded that the applicant failed to mitigate these security concerns, particularly his unwillingness to commit to abstaining from illegal drug use.
Why the applicant was denied
- The applicant has a long history of drug involvement, including multiple positive drug tests during military service.
- He was convicted of three counts of Taking Indecent Liberties with a Minor, raising serious security concerns.
- The applicant demonstrated a lack of commitment to discontinue illegal drug use, stating he might use marijuana again if presented.
Conditions referenced
- AG ¶ 24(a)appliedAny Drug Abuse
- AG ¶ 24(b)appliedTesting Positive for Illegal Drug Use
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)appliedSexual Behavior That Reflects Lack of Discretion or Judgment
- AG ¶ 15appliedConduct Involving Questionable Judgment
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
Key rule quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedMay 8, 2008
- Answer filedMay 19, 2008Applicant requested a decision without a hearing.
- Hearing held—No hearing was held.
- Decision dateOct 31, 2008
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Serious Security Concerns Arising From Criminal Conduct Under Guideline J
- Lack of Candor and Honesty in the Security Clearance Process Under Guideline E