Summary
A 34-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from the applicant's admitted lewd act in a public park in November 1996, and his subsequent repeated lack of candor regarding this incident and past due indebtedness exceeding $5,800.
Specifically, the applicant knowingly and willfully failed to disclose the lewd act on his August 1999 security clearance application, in an August 2000 sworn statement, and during an interview with a Defense Security Service Special Agent. He attributed these omissions to extreme embarrassment. Additionally, he failed to disclose his past due indebtedness on his August 1999 application and in his subsequent sworn statement.
These repeated falsifications were deemed violations of 18 U.S.C. Section 1001, leading to concerns about his judgment and susceptibility to coercion. The applicant provided no mitigating evidence to address these issues, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- The Applicant was less than candid in his security clearance application and subsequent statements regarding his lewd conduct and past due indebtedness.
- The Applicant's repeated falsifications constituted violations of 18 U.S.C. Section 1001, raising significant security concerns.
- The Applicant failed to provide any mitigating evidence to counter the Government's case.
Conditions Referenced
- E2.A5.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A5.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matter to an Investigator
- E2.A5.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- D2.A3.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D2.A3.4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- J2.A2.2raisedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“[each clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2]”
Procedural Posture
- SOR issuedAug 23, 2002
- Answer filedNov 21, 2002
- Hearing held—case determined on a written record
- Decision dateJun 24, 2003
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Impact of Past Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Vulnerability to Coercion Due to Personal Conduct Under Guideline D