Summary
A 54-year-old port engineer with a secret-level security clearance was denied continued access to classified information due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). These concerns stemmed from a 2009 incident where the applicant was charged with felony assault to rape, indecent assault and battery on a person 14 or over, and assault and battery. The applicant subsequently pleaded guilty to the assault and battery charge.
The Statement of Reasons highlighted that the applicant forcibly grabbed and roughly kissed his date without her consent in April 2009, demonstrating questionable judgment. Disqualifying conditions cited included those related to criminal conduct, sexual behavior, and personal conduct.
Despite some mitigating conditions being considered, the application was denied. The judge determined that the applicant failed to demonstrate full candor regarding his criminal conduct, and his ongoing probation, coupled with a lack of acknowledgment of wrongdoing, raised significant security concerns. The applicant's behavior was ultimately deemed to reflect poor judgment and a lack of reliability.
Why the Applicant Was Denied
- The applicant failed to demonstrate full candor regarding his criminal conduct.
- The applicant's ongoing probation and lack of acknowledgment of wrongdoing raised security concerns.
- The applicant's behavior was deemed to reflect poor judgment and a lack of reliability.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(d)raisedCurrently on Probation
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 15raisedQuestionable Judgment and Lack of Candor
- AG ¶ 32(c)rejectedEvidence That the Person Did Not Commit the OffenseThe applicant's denials were inconsistent with prior admissions and police observations.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's lack of acknowledgment of wrongdoing undermined this condition.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant did not express remorse or accept responsibility for his actions.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedNov 4, 2010
- Answer filedNov 22, 2010
- Hearing heldFeb 16, 2011
- Decision dateJun 22, 2011
Cite For
- Lack of Candor in Security Clearance Process Under Guideline E
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Probation Status in Security Clearance Decisions Under Guideline J