Summary
A 43-year-old defense contractor with prior military service was granted a security clearance despite concerns under Guideline E (Personal Conduct). The Statement of Reasons detailed several allegations, including an administrative discharge from the Army in 2003 under other than honorable conditions, in lieu of court-martial, for committing UCMJ offenses. These offenses included engaging in sexual relations with an enlisted woman while an officer.
Further allegations involved being the subject of sexual harassment claims while working for a defense contractor in 2005, and having his authorization to Sensitive Compartmented Information (SCI) suspended by the Army in September 2003. The applicant was also accused of making false statements on a security clearance application and to investigators regarding his knowledge of the SCI suspension, employment problems with a defense contractor, and the reason for his termination from that employment.
The judge ultimately granted the clearance, finding that the applicant had mitigated the concerns. The decision noted that the past conduct occurred over eight years prior, and the applicant demonstrated significant personal growth. Credible testimony and evidence provided by the applicant countered the government's allegations of false statements, and his professional performance and character references indicated reliability and trustworthiness.
Why the Applicant Prevailed
- The applicant's past conduct occurred over eight years ago and he has demonstrated significant personal growth since then.
- The applicant provided credible testimony and evidence that countered the government's allegations of false statements.
- The applicant's professional performance and character references indicated reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- AG ¶ 16(b)rejectedDeliberately Providing False or Misleading Information Concerning Relevant Facts to an Employer, Investigator, Security Official, Competent Medical Authority, or Other Official Government Representative
- AG ¶ 16(e)appliedPersonal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 8, 2008
- Answer filedDec 31, 2008
- Hearing heldJan 11, 2011
- Decision dateApr 21, 2011
Cite For
- Mitigation of Personal Conduct Issues Under Guideline E
- Credibility of Applicant's Testimony in the Face of Government Allegations
- Consideration of Time Elapsed Since Disqualifying Conduct in Security Clearance Decisions