ISCR Case 08-08637.h1

Case Headnote

ISCR Case No. 08-08637.h1

deniedJul 29, 2009· Hon. Matthew E. Malone· hearing

Summary

A 47-year-old senior engineering technician with a defense contractor was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant faced allegations of public sexual conduct, specifically exposing his penis and masturbating, which led to a plea of nolo contendere to Disorderly Conduct in January 2008. Adjudication was withheld, and he received six months of probation along with fines and court costs.

Further concerns arose from the applicant's alleged attempt to conceal the details of his arrest and charges from his employer. Additionally, he owed approximately $19,319 across four delinquent debts. While the applicant completed probation and received a favorable psycho-sexual evaluation, these mitigating factors were insufficient to overcome the security concerns.

The denial was based on the applicant's engagement in public sexual conduct resulting in criminal charges, his failure to fully disclose the arrest to his employer, and his history of financial issues. The judge concluded that these actions raised doubts about his judgment and reliability.

Why the Applicant Was Denied

The applicant engaged in public sexual conduct that resulted in criminal charges, raising significant security concerns.
The applicant failed to disclose the full details of his arrest to his employer, reflecting a lack of candor and poor judgment.
The applicant's financial issues indicated a history of not meeting obligations, raising questions about his reliability.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedCriminal Conduct
AG ¶ 31(c)appliedCriminal Conduct
AG ¶ 13(a)appliedSexual Behavior
AG ¶ 13(c)appliedSexual Behavior
AG ¶ 15appliedPersonal Conduct
AG ¶ 19(a)appliedFinancial Considerations
AG ¶ 19(c)appliedFinancial Considerations

Mitigating

AG ¶ 20(b)appliedFinancial Considerations
AG ¶ 20(c)appliedFinancial Considerations
AG ¶ 20(d)appliedFinancial Considerations
AG ¶ 32(a)rejectedCriminal Conduct
AG ¶ 32(d)rejectedCriminal Conduct
AG ¶ 14(b)rejectedSexual Behavior

Key Rule Quoted

“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJan 30, 2009
Answer filed—
Hearing heldApr 22, 2009
Decision dateJul 29, 2009

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Public Sexual Conduct as a Disqualifying Factor Under Guideline D
Financial Irresponsibility as a Disqualifying Factor Under Guideline F

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
3.a	Specifically, it was alleged that he exposed his penis and masturbated in public.	Against Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

3.a

Specifically, it was alleged that he exposed his penis and masturbated in public.

Against Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

(d) sexual behavior of a public nature or that reflects lack of discretion or judgment

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	It was also alleged that he tried to conceal from his employer the details of his arrest and the charges against him.	Against Applicant	Concealment Creating Coercion Vulnerability	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

It was also alleged that he tried to conceal from his employer the details of his arrest and the charges against him.

Against Applicant

Concealment Creating Coercion Vulnerability

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Applicant owes approximately $19,319 for four delinquent debts. $1,684	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Documented Debt Settlement Documented Financial Counseling
4.b	Applicant owes approximately $19,319 for four delinquent debts. $370	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
4.c	Applicant owes approximately $19,319 for four delinquent debts. $5,113	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
4.d	Applicant owes approximately $19,319 for four delinquent debts. $12,403	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Financial Counseling

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

Applicant owes approximately $19,319 for four delinquent debts.

$1,684

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

Documented

Debt Settlement

Documented

Financial Counseling

4.b

Applicant owes approximately $19,319 for four delinquent debts.

$370

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

4.c

Applicant owes approximately $19,319 for four delinquent debts.

$5,113

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

4.d

Applicant owes approximately $19,319 for four delinquent debts.

$12,403

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Financial Counseling

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	It was further alleged that, in January 2008, the charges were disposed of through a plea of nolo contendere to Disorderly Conduct, adjudication was withheld on his plea, he was placed on probation for six months, and he was assessed fines and court costs. (SOR ¶ 1.a)	Against Applicant	Sexual Offense Criminal	Diversion or Deferred	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

It was further alleged that, in January 2008, the charges were disposed of through a plea of nolo contendere to Disorderly Conduct, adjudication was withheld on his plea, he was placed on probation for six months, and he was assessed fines and court costs. (SOR ¶ 1.a)

Against Applicant

Sexual Offense Criminal

Diversion or Deferred

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

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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