Summary
The applicant, a 38-year-old quality assurance specialist with a security clearance since 2003, faced allegations under Guideline E for personal conduct, including drug use, paying for sex, and engaging in sexual activity with a minor. The judge found that the applicant's conduct demonstrated questionable judgment and untrustworthiness, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct), the Statement of Reasons alleged the following: From about 2000 to 2001, and from about 2007 to April 2011, Applicant falsified his timecards when he certified that he worked 40 hours in a one-week period (1.a). Applicant provided a false affidavit on July 22, 2013, when he stated the sexual intercourse described in the preceding paragraph was consensual (1.b). In about 2008, Applicant had non-consensual sexual intercourse with a woman (S), who was unconscious due to the prior consumption of alcohol (1.c). Applicant provided a false affidavit on July 22, 2013, when he stated the sexual intercourse described in the preceding paragraph was consensual (1.d). From about 2003 to about August 2009, on at least three occasions, Applicant used marijuana while holding a security clearance (1.e). Between 2009 and April 2010, Applicant drove an automobile while intoxicated by alcohol (DUI) (1.f). From about 1998 to about 2006, Applicant paid for sex with prostitutes on about five occasions while in the Army and while holding a security clearance (1.g). In about 2000 or 2001, while at a party, when he was on active duty in the Army, he allowed a 15-year-old child to masturbate him (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(c), AG ¶ 16(d), AG ¶ 16(e). The decision turned on the following: The applicant engaged in sexual activity with a 15-year-old child, which is a serious crime; He used marijuana and LSD while holding a security clearance, demonstrating a lack of compliance with rules; The applicant paid for sex with prostitutes while holding a security clearance, indicating questionable judgment.
Why the Applicant Was Denied
- The applicant engaged in sexual activity with a 15-year-old child, which is a serious crime.
- He used marijuana and LSD while holding a security clearance, demonstrating a lack of compliance with rules.
- The applicant paid for sex with prostitutes while holding a security clearance, indicating questionable judgment.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedApr 20, 2015
- Answer filedMay 15, 2015Applicant waived his right to a hearing.
- Hearing heldAug 26, 2015Department Counsel was prepared to proceed.
- Decision dateSep 1, 2015
Cite For
- Seriousness of Engaging in Sexual Activity with a Minor Under Guideline E
- Impact of Drug Use on Security Clearance Eligibility
- Consideration of Personal Conduct in Security Clearance Determinations