Summary
A 43-year-old engineering technician, who previously held a security clearance, was denied a new clearance based on Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from the applicant's long-term access and viewing of child pornography.
Specifically, the Statement of Reasons alleged that the applicant viewed child pornography on a website for many years. The judge found that the applicant's actions demonstrated a lack of judgment and trustworthiness. Disqualifying conditions under AG ¶ 13(a), (b), (c), (d), AG ¶ 16(b), and (e) were raised, while mitigating conditions under AG ¶ 14(c), AG ¶ 17(a), and (c) were applied.
The denial was primarily due to the applicant viewing child pornography for nearly 18 years, which indicated a pattern of compulsive and self-destructive behavior. Furthermore, he intentionally provided false information to investigators regarding the extent and frequency of his conduct. These actions raised serious doubts about his reliability and trustworthiness, which were not sufficiently mitigated by any positive information presented.
Why the Applicant Was Denied
- The applicant viewed child pornography for nearly 18 years, demonstrating a pattern of compulsive and self-destructive behavior.
- He intentionally provided false information to investigators regarding the extent and frequency of his conduct.
- The applicant's actions raised serious doubts about his reliability and trustworthiness, which were not mitigated by any positive information.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion or Judgment
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 16(e)raisedConcealment of Information Creating Vulnerability
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionWhile the applicant disclosed his behavior, family and coworkers remain unaware.
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct OmissionsThe applicant did not disclose the full extent of his behavior until a third interview.
- AG ¶ 17(c)rejectedOffense Is Minor or Unlikely to RecurThe applicant's behavior was extensive and recent.
Key Rule Quoted
“The government, therefore, has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability and trustworthiness of one who will protect the national interests.”
Procedural Posture
- SOR issuedOct 9, 2009
- Answer filedFeb 4, 2010
- Hearing held—Applicant elected to have the case decided on the record.
- Decision dateFeb 4, 2010
Cite For
- Denial of Security Clearance Due to Long-term Viewing of Child Pornography Under Guideline D
- Lack of Candor and Dishonesty Impacting Trustworthiness Under Guideline E
- The Compelling Interest of the Government in Ensuring Applicant Reliability and Judgment.