Summary
A 52-year-old male applicant with military service was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from past sexual misconduct involving his then 12-year-old daughter in November 1986, and subsequent dishonesty on his security clearance application.
Specifically, the applicant was charged with criminal violations of Articles 80 (attempt to commit rape), 134 (indecent acts with a child), and 125 (sodomy) under the UCMJ. Despite these charges, the applicant answered "No" to question 23.a. on his e-QIP in August 2006, failing to disclose that he had been charged with felony offenses. This deliberate falsification of his e-QIP was a significant factor in the denial.
While mitigating conditions were considered, including the time elapsed since the incident and character references, the judge found the applicant's failure to disclose his criminal history and the nature of his past conduct to be disqualifying. The applicant admitted to the sexual misconduct, and his explanations for the omissions on his e-QIP were deemed not credible, ultimately leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to engaging in sexual misconduct with his daughter, which constitutes criminal behavior.
- The applicant deliberately falsified his e-QIP by failing to disclose felony charges, undermining his trustworthiness.
- The applicant's explanations for his omissions were not credible and did not mitigate the disqualifying conditions.
Conditions referenced
- D-13.araisedSexual Behavior of a Criminal Nature
- D-13.draisedSexual Behavior That Reflects Lack of Discretion or Judgment
- J-31.araisedA Single Serious Crime or Multiple Lesser Offenses
- J-31.craisedAllegation or Admission of Criminal Conduct
- E-16.araisedDeliberate Omission or Falsification of Relevant Facts
- D-14.bappliedThe Sexual Behavior Happened so Long Ago That It Is Unlikely to Recur
- J-32.aappliedSo Much Time Has Passed Since the Criminal Behavior Happened That It Is Unlikely to Recur
- J-32.dappliedEvidence of Successful Rehabilitation
- E-17.crejectedThe Individual Has Acknowledged the Behavior and Obtained CounselingThe applicant's denial of deliberate falsification undermined this mitigating condition.
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural posture
- SOR issuedMar 17, 2009
- Answer filedApr 15, 2009
- Hearing held—Applicant withdrew request for hearing.
- Decision dateSep 30, 2009
Cite for
- Disqualifying Conditions Related to Sexual Behavior Under Guideline D
- Disqualifying Conditions for Criminal Conduct Under Guideline J
- Issues of Personal Conduct and Dishonesty in Security Clearance Applications Under Guideline E