Summary
A 47-year-old former Army officer and current senior program analyst was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a history of inappropriate conduct, including indecent behavior with minors and military subordinates, as well as alcohol-related incidents.
Specific allegations included criminal indecent assault involving a 13-year-old girl, inappropriate sexual touching of a female subordinate, and sexual overtures to another subordinate female soldier. The applicant was also reprimanded for indecent conduct with two teenage girls, obstruction of justice, and inappropriately touching an enlisted subordinate. Further incidents included a reprimand in August 1999 for assaulting his fiancée, an October 1999 arrest for driving under the influence, and a subsequent failure to complete a command-directed alcohol abuse program. In March 2000, he was reprimanded for making inappropriate personal comments to a junior enlisted soldier.
The judge found that the applicant's past conduct demonstrated a lack of judgment. The denial was based on the applicant's history of indecent conduct with minors and inappropriate behavior with subordinates, a perceived lack of contrition and minimization of past misconduct, and a failure to complete an alcohol abuse program, which indicated a disregard for authority.
Why the Applicant Was Denied
- The applicant had a history of indecent conduct with minors and inappropriate behavior with subordinates.
- The applicant's lack of contrition and minimization of past misconduct raised security concerns.
- The applicant's failure to complete an alcohol abuse program indicated disregard for authority.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.2.4raisedPersonal Conduct That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress.
- E2.A5.1.2.5raisedA Pattern of Rule Violations.
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- E2.A4.1.2.4raisedSexual Behavior Reflecting Lack of Discretion or Judgment.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedDec 4, 2003
- Answer filedFeb 17, 2004
- Hearing heldOct 20, 2005rescheduled from September 15, 2005
- Decision dateDec 19, 2005
Cite For
- Security Concerns Based on Personal Conduct and Sexual Behavior
- Lack of Contrition as a Factor in Security Clearance Denial
- Disregard for Authority in the Context of Alcohol-related Incidents