Summary
A 30-year-old defense contractor employee was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from multiple allegations, including an incident on August 31, 2013, in Afghanistan, where the applicant allegedly exposed his genitals to two cleaning maids on three separate occasions.
Further concerns involved the applicant's personal conduct and criminal history. On August 16, 2013, when completing his SF 86, the applicant deliberately answered "no" to questions about his police record, failing to disclose arrests from November 2006, February 2007, December 2007, and February 2013. These undisclosed incidents included a February 2013 arrest for domestic violence battery (later dismissed), a December 2007 traffic stop (charge dismissed), a November 2006 bar fight overseas, and a November 2006 arrest for simple assault and drunk and disorderly conduct.
Additionally, the applicant's alcohol consumption led to police-related incidents, including an October 1, 2013 arrest for driving under the influence (DUI). While some mitigating conditions were considered, the applicant failed to adequately address the personal conduct issues, particularly the deliberate omissions on his SF 86, and did not sufficiently rebut the sexual misconduct allegations. These factors collectively led to the denial of his security clearance.
Why the applicant was denied
- The applicant failed to mitigate personal conduct security concerns, including deliberate omissions on his SF 86 regarding prior arrests.
- The applicant's history of alcohol-related incidents and criminal conduct raised significant trustworthiness issues.
- The applicant's alleged sexual misconduct was not sufficiently rebutted, leading to doubts about his reliability and judgment.
Conditions referenced
- AG ¶ 16raisedCriminal Conduct
- AG ¶ 15raisedSexual Behavior
- AG ¶ 28raisedAlcohol Consumption
- AG ¶ 14raisedPersonal Conduct
- AG ¶ 17appliedCriminal Conduct
- AG ¶ 18appliedSexual Behavior
- AG ¶ 22appliedAlcohol Consumption
Key rule quoted
“Eligibility for a security clearance and access to classified information is denied.”
Procedural posture
- SOR issuedMar 11, 2014
- Answer filedJun 12, 2014Sworn statement responding to SOR allegations.
- Hearing heldAug 12, 2014Hearing convened as scheduled.
- Decision dateSep 30, 2014
Cite for
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Impact of Deliberate Omissions on Security Clearance Eligibility
- Consideration of Criminal Conduct and Alcohol-related Incidents in Clearance Decisions