Summary
A 55-year-old married defense contractor was granted a security clearance despite allegations under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The allegations included claims that the applicant admitted to deliberately seeking and viewing child pornography, including images of rapes involving minors, and having recurring rape fantasies involving underage girls. Further allegations involved sexual encounters with suspected underage prostitutes in an Asian nation in 1999, and inappropriate behavior with his daughter's friends and swim team members. The applicant also faced allegations regarding a prior disapproval and revocation of classified access in 2004, which was reaffirmed in 2006, based on these same factual claims.
The applicant consistently denied all allegations of illegal sexual behavior and questionable judgment. The judge found that the government did not provide sufficient evidence to support its claims, relying primarily on third-hand statements without direct evidence from the applicant's interviews. Specifically, Government Exhibit 7 was cited as the sole support for several key allegations, and other alleged statements, such as a set of interrogatories from October 2008, were not presented as evidence.
The judge noted the applicant's credible denials, the lack of corroborating evidence from the government, and the applicant's demonstrated lack of recent misconduct. The applicant also showed a commitment to transparency regarding his past behavior. Ultimately, the judge concluded that the government failed to meet its burden of proof, and the security clearance was granted.
Why the applicant prevailed
- The applicant provided credible testimony denying the allegations of illegal sexual behavior.
- The government relied on third-hand statements without direct evidence from the applicant's interviews.
- The applicant demonstrated a lack of recent misconduct and a commitment to transparency regarding his past behavior.
Conditions referenced
- 13.araisedSexual Behavior of a Criminal Nature
- 13.braisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- 13.craisedSexual Behavior That Causes Vulnerability to Coercion
- 13.draisedSexual Behavior of a Public Nature
- 16.araisedDeliberate Omission or Concealment of Relevant Facts
- 16.craisedCredible Adverse Information in Several Adjudicative Areas
- 14.aappliedBehavior Occurred Prior to or During Adolescence
- 14.bappliedBehavior Happened Infrequently or Under Circumstances Unlikely to Recur
- 14.cappliedBehavior No Longer Serves as a Basis for Coercion
- 14.dappliedBehavior Is Strictly Private, Consensual, and Discreet
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedJun 27, 2009
- Answer filedAug 27, 2009
- Hearing heldDec 18, 2009
- Decision dateOct 28, 2010
Cite for
- Credibility of Applicant's Testimony in the Face of Serious Allegations
- Insufficient Evidence From Third-party Sources to Support Disqualifying Conditions
- Application of Mitigating Conditions Under Guideline D and E