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
- 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
- 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.”
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