Summary
A 36-year-old former U.S. Army Special Forces member was denied renewal of his security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from past criminal conduct, specifically a felony sexual crime charge that resulted in a conviction for a lesser included misdemeanor offense of attempting the same sexual crime. This led to a suspended jail sentence and three years of supervised probation, which concluded on August 6, 2009. Additionally, in 1992, at age 18, the applicant pleaded nolo contendere to a misdemeanor loitering and prowling charge.
The government raised several disqualifying conditions, including those related to criminal conduct and sexual behavior. While the applicant received positive character references from colleagues and completed probation and counseling, these were not deemed sufficient to mitigate the concerns. Mitigating conditions considered included the passage of time and the applicant's completion of treatment.
Ultimately, the clearance was denied because the conviction for attempted solicitation of a child raised serious security concerns. The applicant's attempts to minimize his conduct and incomplete disclosures to witnesses created doubts about his reliability and trustworthiness. The judge concluded that the applicant had not demonstrated sufficient rehabilitation or a change in behavior to mitigate the concerns raised by his past criminal conduct.
Why the Applicant Was Denied
- The applicant was convicted of attempted solicitation of a child, raising serious security concerns under Guideline J.
- The applicant's attempts to minimize his conduct and lack of full disclosure to witnesses created doubts about his reliability and trustworthiness.
- The applicant did not demonstrate sufficient rehabilitation or a change in behavior to mitigate the concerns raised by his past criminal conduct.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 31(d)appliedIndividual Is Currently on Parole or Probation
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)raisedSexual Behavior That Reflects Lack of Discretion or Judgment
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's conduct was regulated by probation and counseling, and he did not establish a sufficient record of acceptable conduct.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's minimization of his conduct raised doubts about his rehabilitation.
- AG ¶ 14(b)rejectedSexual Behavior Happened so Long Ago or Under Unusual CircumstancesThe applicant's attempts to minimize his conduct indicated ongoing issues with judgment.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for Coercion or ExploitationThe applicant misled witnesses about the nature of his conduct, indicating ongoing risk.
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the government based on trust and confidence.”
Procedural Posture
- SOR issuedFeb 11, 2009
- Answer filedMar 20, 2009
- Hearing heldJun 10, 2009
- Decision dateSep 18, 2009
Cite For
- Disqualifying Conditions Under Guideline J for Criminal Conduct
- Disqualifying Conditions Under Guideline D for Sexual Behavior
- The Importance of Full Disclosure in Character References for Security Clearance Evaluations.