Summary
The applicant, a 45-year-old fleet mechanic with a security clearance since 2004, faced allegations under Guidelines D, E, and J due to an incident involving his 16-year-old nephew in 2007, where he solicited sexual acts. Despite the criminal charges being dismissed, the judge found that the applicant's actions constituted sexual behavior of a criminal nature, reflecting poor judgment and a lack of candor, leading to the denial of his security clearance.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: On May 10, 2007, Applicant was arrested and charged with enticing a child for indecent purposes (1.a). Applicant attended individual treatment once a week from May 2007 to December 2007 (1.b). Applicant recalled the LCSW recommended that he attend about four months of group therapy, but Applicant participated in group therapy for nine months (1.c). Applicant was arrested and charged with enticing a child for indecent purposes (3a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 13(a), AG ¶ 13(c), AG ¶ 31(a), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 14(b), AG ¶ 14(c), AG ¶ 16(e), AG ¶ 17(d). The decision turned on the following: The applicant's solicitation of sexual acts from his nephew constituted sexual behavior of a criminal nature, raising concerns about his reliability and trustworthiness; The applicant minimized the seriousness of his conduct and did not demonstrate successful rehabilitation or acknowledgment of the inappropriateness of his actions; The applicant's denial of the full scope of his misconduct continued to cast doubt on his judgment.
Why the Applicant Was Denied
- The applicant's solicitation of sexual acts from his nephew constituted sexual behavior of a criminal nature, raising concerns about his reliability and trustworthiness.
- The applicant minimized the seriousness of his conduct and did not demonstrate successful rehabilitation or acknowledgment of the inappropriateness of his actions.
- The applicant's denial of the full scope of his misconduct continued to cast doubt on his judgment.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation of Criminal Conduct
- AG ¶ 14(b)rejectedBehavior Unlikely to RecurThe sexual behavior occurred less than three years ago and was not infrequent.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's minimization of his conduct continued to leave him vulnerable to coercion.
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to ExploitationThe applicant's poor judgment and minimization of his conduct created vulnerability to coercion.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant did not successfully complete treatment and continued to deny the seriousness of his actions.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 9, 2009
- Answer filedApr 23, 2009
- Hearing heldJun 23, 2009
- Decision dateNov 9, 2009
Cite For
- Disqualifying Conditions Under Guideline D for Sexual Behavior of a Criminal Nature
- Impact of Minimizing Serious Misconduct on Security Clearance Eligibility
- Vulnerability to Coercion as a Factor in Personal Conduct Evaluations