ISCR Case 08-06873.h1

Case Headnote

ISCR Case No. 08-06873.h1

deniedJul 1, 2008· Hon. Edward W. Loughran· hearing

Summary

A 51-year-old defense contractor with a Master's degree was denied a security clearance under Guideline E (Personal Conduct) due to a past sexual relationship with a minor scout under his supervision in 1986 and 1987. This conduct was deemed inappropriate and criminal, raising significant doubts about his reliability, trustworthiness, and good judgment.

Further concerns arose from the applicant's continued association with the Boy Scouts of America as an adult leader, with his past behavior reportedly unknown to current youth parents or professional leadership as of at least 2005. This lack of disclosure was seen as creating a vulnerability to exploitation, manipulation, or duress. The applicant had also been denied SCI access by another government agency around 2005.

Despite evidence of personal growth and positive character references, the judge concluded that the applicant's past actions and the potential for recurrence were not sufficiently mitigated by the passage of time or personal development. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant engaged in a sexual relationship with a minor scout under his care, which raised serious concerns about his judgment and trustworthiness.
The applicant's continued association with the Boy Scouts, without disclosure of his past conduct, indicated a vulnerability to exploitation and manipulation.
The applicant's past actions and the potential for recurrence of such behavior were not sufficiently mitigated by the passage of time or personal development.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 17(c)rejectedTime Passed or Minor OffenseThe applicant's past conduct was serious and occurred under circumstances that raised significant concerns.
AG ¶ 17(d)rejectedAcknowledgment and CounselingWhile the applicant acknowledged his past behavior, he did not demonstrate sufficient steps to mitigate the associated risks.
AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's ongoing involvement with the Boy Scouts without disclosure of his past actions did not alleviate concerns.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMar 11, 2009
Answer filedApr 26, 2009Applicant elected to proceed without a hearing.
Hearing held—No hearing was held.
Decision dateOct 2, 2009

Cite For

Vulnerability to Exploitation Due to Past Conduct Under Guideline E
Impact of Past Sexual Conduct on Security Clearance Eligibility
Importance of Full Disclosure in Security Clearance Evaluations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant engaged in an inappropriate and criminal sexual relationship with a boy under his care and supervision in 1986 and 1987.	Against Applicant	Questionable Judgment General	—	Denied	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.b	Applicant's actions continue to cast doubt on his reliability, trustworthiness, and good judgment.	Against Applicant	Questionable Judgment General	—	Denied	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.c	Applicant's ongoing relationship with the Boy Scouts constitutes personal conduct and concealment of information about his conduct that could create a vulnerability to exploitation, manipulation, or duress.	Against Applicant	Concealment Creating Coercion Vulnerability	—	Denied	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.d	Applicant was denied SCI access by another government agency in about 2005.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.e	As of at least 2005, Applicant was still an adult leader with the Boy Scouts of America, and his past behavior was not known to current youth parents or the Boy Scouts of America professional leadership.	Against Applicant	Concealment Creating Coercion Vulnerability	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant engaged in an inappropriate and criminal sexual relationship with a boy under his care and supervision in 1986 and 1987.

Against Applicant

Questionable Judgment General

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.b

Applicant's actions continue to cast doubt on his reliability, trustworthiness, and good judgment.

Against Applicant

Questionable Judgment General

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.c

Applicant's ongoing relationship with the Boy Scouts constitutes personal conduct and concealment of information about his conduct that could create a vulnerability to exploitation, manipulation, or duress.

Against Applicant

Concealment Creating Coercion Vulnerability

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.d

Applicant was denied SCI access by another government agency in about 2005.

For Applicant

Questionable Judgment General

—

Admitted

—

1.e

As of at least 2005, Applicant was still an adult leader with the Boy Scouts of America, and his past behavior was not known to current youth parents or the Boy Scouts of America professional leadership.

Against Applicant

Concealment Creating Coercion Vulnerability

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES