Summary
A 42-year-old computer programmer with a top secret clearance was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant faced allegations of inappropriate sexual contact with his minor daughter between 1995 and 1997, and of falsifying material facts during a DSS interview. Specifically, he was alleged to have had thoughts about sexually molesting a child and to have attempted to avoid being alone with his children due to not trusting himself. While the applicant admitted, with explanation, to having thoughts about molesting a child, he denied all other allegations.
The judge found the applicant's denials unpersuasive, noting significant inconsistencies in his testimony and attempts to discredit earlier sworn statements. Damaging admissions in these sworn statements were corroborated by prior statements. The applicant's admissions of applying mineral oil to his daughter's private areas further raised serious questions about his judgment.
Ultimately, the applicant's security clearance was denied. The decision cited concerns about his judgment and potential for coercion, concluding that the applicant's denial of inappropriate sexual contact with his minor daughter was not persuasive.
Why the applicant was denied
- The applicant's denial of inappropriate sexual contact with his minor daughter was not persuasive.
- The judge found significant inconsistencies in the applicant's testimony and his attempts to discredit sworn statements.
- The applicant's admissions of applying mineral oil to his daughter's private areas raised serious questions about his judgment.
Conditions referenced
- D2.A4.1.2.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A5.1.2.3rejectedDeliberately Providing False or Misleading Information Concerning Relevant and Material MattersThe judge concluded that the applicant's repudiation of his thoughts about molesting a child did not constitute falsification.
- E2.A5.1.3.1appliedThe Information (withheld) Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
Key rule quoted
“A security concern is raised by Applicant's admissions he applied mineral oil to his minor daughter's private areas as often as monthly for more than two years.”
Procedural posture
- SOR issuedMar 19, 2002
- Answer filedApr 3, 2002
- Hearing heldJun 4, 2002
- Decision dateJun 25, 2002
Cite for
- Denial of Security Clearance Based on Inappropriate Sexual Conduct Under Guideline D
- Credibility of Admissions in Sworn Statements
- Impact of Personal Conduct on Security Clearance Determinations Under Guideline E