Summary
A 46-year-old product support engineer was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The applicant faced allegations including secretly videotaping his former wife and stepdaughters in private areas between 1986 and 2001, engaging in adultery during the same period, and using marijuana from 1986 to 1998. Additionally, DOHA alleged multiple violations of a protection order, including physical altercations with his wife and stepchildren, and entering his wife's home and workplace.
A primary concern was the applicant's deliberate falsification of his security clearance application. He failed to disclose a criminal charge in October 1994 for violating an order of protection and did not disclose illegal drug use within the previous seven years. While the applicant mitigated concerns related to sexual behavior, drug involvement, and criminal conduct, the deliberate omission of the arrest was a critical factor.
The DOHA found the applicant's claim that the omission was not deliberate to be not credible, given the circumstances of the arrest. Consequently, the security clearance was denied, primarily due to the deliberate failure to disclose the arrest on his application, which raised significant concerns under Guideline E (Personal Conduct).
Why the applicant was denied
- The applicant deliberately failed to list an arrest on his security clearance application, which is a significant concern under Guideline E.
- The applicant's claim that the omission was not deliberate was deemed not credible given the circumstances surrounding the arrest.
Conditions referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From an SCA
- E2.A10.1.3.1appliedCriminal Behavior Was Not Recent
- E2.A10.1.3.4appliedFactors Leading to the Violation Are Not Likely to Recur
- E2.A4.1.3.2appliedBehavior Occurred Some Time Ago and There Is No Evidence Such Conduct Recurred
- E2.A4.1.3.4appliedAdultery No Longer Serves as a Basis for Coercion, Exploitation, or Duress
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedOct 7, 2003
- Answer filedNov 5, 2003
- Hearing held—Decided on written record
- Decision dateFeb 2, 2005
Cite for
- Deliberate Omission of Arrest on Security Clearance Application Under Guideline E
- Mitigating Factors Related to Past Criminal Conduct Under Guideline J
- Consideration of Past Behavior and Its Relevance to Current Security Clearance Eligibility