ISCR Case 01-15628.h1

Case Headnote

ISCR Case No. 01-15628.h1

deniedFeb 24, 2003· Hon. Wilford H. Ross· hearing

Summary

A 51-year-old engineer with a Master's Degree was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from the applicant's past sexual behavior and his falsification of criminal history during the clearance process.

Specifically, the applicant admitted to exposing himself to other men at least three times between 1987 and 1992, and occasionally engaging in mutual masturbation with these men. This conduct was deemed to involve criminal offenses, reflect a lack of judgment, and potentially subject him to coercion. Additionally, the applicant intentionally provided false information regarding his personal background and arrest record on a security questionnaire and during an interview with a DSS Special Agent, violating 18 U.S.C. 1001.

The judge found that the applicant's sexual behavior made him vulnerable to coercion and that he failed to provide sufficient mitigating evidence for his actions. Consequently, the security clearance request was denied.

Why the Applicant Was Denied

The Applicant engaged in sexual behavior that made him vulnerable to coercion between 1987 and 1994.
The Applicant falsified his arrest record in a security questionnaire and during an interview with a DSS Special Agent.
The Applicant did not provide persuasive evidence to mitigate the Government's case against him.

Conditions Referenced

Disqualifying

E2.A5.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
D2.A1raisedSexual Behavior of a Criminal Nature
J1.A1raisedAllegations or Admission of Criminal Conduct

Mitigating

D2.A2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar NatureThe Applicant's sexual conduct last occurred nine years ago, but the judge found ongoing vulnerability to coercion.
E2.A5.5rejectedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to CoercionThe Applicant's acts of falsification were not mitigated by his evidence.

Key Rule Quoted

“The Government relies heavily upon the integrity and honesty of clearance holders, and it is a negative factor for security clearance purposes where an Applicant has deliberately provided false information about material aspects of his or her personal background.”

Procedural Posture

SOR issuedMay 17, 2002
Answer filedJun 6, 2002Requested decision without a hearing.
Hearing held—No hearing was conducted.
Decision dateFeb 24, 2003

Cite For

Vulnerability to Coercion Due to Past Sexual Behavior Under Guideline D
Falsification of Material Facts in Security Clearance Applications Under Guideline E
Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
2.a	The Applicant has engaged in sexual behavior which involves a criminal offense, is indicative of a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress or reflects lack of judgment or discretion.	Against Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
2.b	The Applicant admits to exposing himself to other men at least three times between 1987 and 1992. He admits occasionally engaging in mutual masturbation with these men.	Against Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
not recovered from source–not recovered from source	2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

2.a

The Applicant has engaged in sexual behavior which involves a criminal offense, is indicative of a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress or reflects lack of judgment or discretion.

Against Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

—

2.b

The Applicant admits to exposing himself to other men at least three times between 1987 and 1992. He admits occasionally engaging in mutual masturbation with these men.

Against Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

—

not recovered from source–not recovered from source

2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	The Applicant intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
1.b	The Applicant provided false information concerning relevant and material matters to an investigator during a personnel security determination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.a	The Applicant engaged in sexual behavior which involves a criminal offense and may subject him to coercion, exploitation, or duress.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.b	The Applicant's sexual behavior reflects a lack of judgment or discretion.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
3.a	The Applicant has engaged in criminal acts.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The Applicant intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

1.b

The Applicant provided false information concerning relevant and material matters to an investigator during a personnel security determination.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Denied

—

2.a

The Applicant engaged in sexual behavior which involves a criminal offense and may subject him to coercion, exploitation, or duress.

Against Applicant

Questionable Judgment General

—

Denied

—

2.b

The Applicant's sexual behavior reflects a lack of judgment or discretion.

Against Applicant

Questionable Judgment General

—

Denied

—

3.a

The Applicant has engaged in criminal acts.

Against Applicant

Questionable Judgment General

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has engaged in criminal acts.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.b	As found above, the Applicant knowingly and willfully provided false material information to DoD during the clearance screening process. In so doing the Applicant violated the felony criminal provisions of 18 U.S.C. 1001.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has engaged in criminal acts.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.b

As found above, the Applicant knowingly and willfully provided false material information to DoD during the clearance screening process. In so doing the Applicant violated the felony criminal provisions of 18 U.S.C. 1001.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES