Summary
A 50-year-old federal contractor employee was denied a security clearance under Guideline E (Personal Conduct) due to concerns about his judgment and compliance with security regulations. The Statement of Reasons included allegations that the applicant expressed belief in the validity of terrorism as a tool against oppression and admitted to disclosing classified information to a foreign-national prostitute while in military intelligence. Although the applicant denied revealing classified information to a South Korean prostitute and denied not reporting a security violation, his recent statements on these issues supported ongoing concerns.
Disqualifying conditions under Guideline E, specifically paragraphs 16(c) and 16(d), were raised. While mitigating conditions 17(c), 17(d), and 17(e) were applied, and character references were provided, they were insufficient to overcome the security concerns.
The denial was based on the applicant's past belief in the validity of terrorism, his admitted disclosure of classified information to a foreign national, which reflected poor judgment and a lack of candor, and his recent statements indicating a continued disregard for security rules and regulations.
Why the applicant was denied
- The applicant's past belief in the validity of terrorism as a tool for fighting oppression raised significant security concerns.
- He admitted to disclosing classified information to a foreign national, reflecting poor judgment and a lack of candor.
- The applicant's recent statements indicated a continued disregard for security rules and regulations.
Conditions referenced
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered Under Other Guidelines
- AG ¶ 17(c)rejectedBehavior Unlikely to RecurThe applicant's ongoing beliefs and attitudes cast doubt on his current trustworthiness.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant did not provide evidence of counseling or steps taken to mitigate his behavior.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's vulnerability to exploitation was not adequately addressed.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural posture
- SOR issuedMay 14, 2008
- Answer filedJun 10, 2008
- Hearing heldJan 8, 2009
- Decision dateFeb 5, 2009
Cite for
- Security Concerns Related to Personal Conduct Under Guideline E
- Impact of Past Behavior on Current Security Clearance Eligibility
- Importance of Candor and Compliance with Security Regulations in Clearance Determinations