Summary
A 53-year-old defense contractor was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The judge determined that the applicant's actions demonstrated questionable judgment and unreliability, raising significant doubts about his suitability for access to classified information.
The Statement of Reasons detailed several allegations. These included an arrest and conviction for Exposure of Sexual Organs, resulting in a fine, a psychological evaluation, and restrictions on contact and location. Additionally, the applicant faced charges in February 2009 for Aggravated Driving While Intoxicated and other traffic offenses, leading to a one-year loss of driving privileges despite the dismissal of charges. Earlier incidents included an April 2003 arrest for Reckless Driving, resulting in a fine, probation, and self-improvement classes, and an October 1982 arrest for Driving Under the Influence, which led to a fine, license suspension, and probation.
The applicant's history also included allegations of excessive alcohol consumption from approximately 1974 to at least 2011, often to the point of intoxication, which was linked to his criminal behavior. The judge concluded that the applicant's pattern of criminal conduct, excessive alcohol use, and sexual misconduct indicated a lack of discretion and impaired judgment, ultimately leading to the denial of his security clearance.
Why the applicant was denied
- The applicant engaged in multiple acts of criminal conduct from 1982 to 2011, including sexual misconduct and alcohol-related offenses.
- The applicant's history of excessive alcohol consumption was linked to impaired judgment and criminal behavior.
- The applicant's sexual conduct was deemed criminal and indicative of a lack of discretion.
Conditions referenced
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 16(d)appliedCredible Adverse Information
- AG ¶ 22(a)appliedExcessive Alcohol Consumption
- AG ¶ 31(a)appliedMultiple Lesser Offenses
- AG ¶ 31(c)appliedAdmissions of Criminal Conduct
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedSep 20, 2012
- Answer filedNov 13, 2012Applicant requested a decision without a hearing.
- Hearing heldMay 3, 2013Hearing conducted as scheduled.
- Decision dateJun 6, 2013
Cite for
- Evaluation of Criminal Conduct Under Guideline J
- Assessment of Excessive Alcohol Consumption Under Guideline G
- Consideration of Sexual Conduct Under Guideline D