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
- 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
- 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