Summary
A 27-year-old information systems analyst was denied a security clearance under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from allegations that the applicant engaged in sexual relations with an underage individual and subsequently provided false information during security interviews.
Specifically, the applicant was found to have deliberately falsified material facts in a June 2003 interview with a special agent from another government agency, claiming he unknowingly had sexual relations with an underage person in June 2002, when he knew and sought to conceal that he knowingly engaged in such relations as late as June 2003. He also falsified information in a March 2009 interview with an OPM special agent by stating he had not been involved in a serious crime, while knowing and concealing the details of his prior conduct. From about June 2002 to June 2003, the applicant engaged in sexual relations with an underage person on approximately three occasions, knowing the individual was underage on at least two of those occasions.
The judge determined that the applicant engaged in sexual relations with a 15-year-old, knowing the state's age of consent, and provided false information to government investigators regarding his sexual conduct and criminal history. The applicant's lack of candor and questionable judgment raised significant security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant engaged in sexual relations with a 15-year-old individual, knowing the age of consent in his state.
- The applicant provided false information during interviews with government investigators regarding his sexual conduct and criminal history.
- The applicant's lack of candor and questionable judgment raised significant security concerns.
Conditions Referenced
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)(1)raisedPersonal Conduct That Raises Questions About Reliability and Trustworthiness
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 12, 2009
- Answer filedNov 27, 2009
- Hearing heldMar 1, 2010Applicant's request to reopen the record was later withdrawn.
- Decision dateMar 12, 2010
Cite For
- Security Concerns Related to Personal Conduct Under Guideline E
- Issues of Candor and Reliability in Security Clearance Evaluations
- Impact of Engaging in Sexual Relations with an Underage Individual on Security Clearance Eligibility