Summary
A 45-year-old federal contractor supply technician was denied a security clearance under Guideline E (Personal Conduct). The denial stemmed from two instances of non-judicial punishment.
The first instance occurred in 1992, when the applicant received non-judicial punishment for adultery. Although this event fell outside the standard time limitation, it was still considered reliable, unfavorable information. The second, more significant, instance took place in 2003, when the applicant received non-judicial punishment for non-consensual sodomy and making a false official statement. These actions raised substantial security concerns.
The judge determined that the applicant failed to present sufficient mitigating factors to address the personal conduct concerns, specifically those related to disqualifying conditions E2.A5.1.2.1, E2.A5.1.2.3, and E2.A5.1.2.4. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant received non-judicial punishment for adultery in 1992, which, although outside the time limitation, was considered reliable, unfavorable information.
- The applicant received non-judicial punishment for non-consensual sodomy and making a false official statement in 2003, which raised significant security concerns.
- The applicant did not demonstrate sufficient mitigating factors to address the concerns raised under Guideline E.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedJan 7, 2006
- Answer filedFeb 9, 2007Requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateAug 31, 2007
Cite For
- Reliable, Unfavorable Information Under Guideline E
- Impact of Non-judicial Punishment on Security Clearance
- Failure to Mitigate Personal Conduct Issues