Summary
A 53-year-old information systems technologist for a 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 a 1998 arrest for lewd conduct, which the applicant deliberately failed to disclose on his 2002 security clearance application.
The Statement of Reasons cited the sexual behavior as potentially criminal and a vulnerability to coercion. It also highlighted the deliberate omission of material facts from a security questionnaire. Specifically, the applicant was arrested for lewd and lascivious conduct in February 1998, with charges later dismissed. His failure to disclose this arrest occurred four years after the incident while he remained employed at the same company.
The judge found that the applicant's deliberate failure to disclose the 1998 arrest and his unpersuasive justifications for the omission demonstrated a lack of candor. Furthermore, the public nature of the sexual behavior indicated a lack of discretion and good judgment. Despite some mitigating conditions being considered, the security concerns were not overcome, resulting in the denial of the applicant's security clearance.
Why the applicant was denied
- The applicant deliberately failed to disclose his 1998 arrest for lewd conduct on his security clearance application.
- The applicant's justifications for not disclosing the arrest were not persuasive and indicated a lack of candor.
- The applicant's public sexual behavior demonstrated a lack of discretion and good judgment.
Conditions referenced
- E2.A2.1.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A2.1.3raisedDeliberately Providing False or Misleading Information
- D2.A1.1raisedSexual Behavior of a Criminal Nature
- D2.A3.1raisedSexual Behavior That Causes Vulnerability to Coercion
- D2.A4.1raisedSexual Behavior of a Public Nature
- J2.A1.1raisedAllegations or Admissions of Criminal Conduct
- J2.A2.1raisedA Single Serious Crime or Multiple Lesser Offenses
- D2.M2.1appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct
- D2.M3.1appliedNo Other Evidence of Questionable Judgment or Emotional Instability
- J2.M1.1appliedThe Criminal Behavior Was Not Recent
- J2.M2.1appliedThe Crime Was an Isolated Incident
Key rule quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural posture
- SOR issuedMay 7, 2004
- Answer filedJun 2, 2004
- Hearing heldOct 25, 2004
- Decision dateFeb 3, 2005
Cite for
- Deliberate Omission of Arrest on Security Clearance Application Under Guideline E
- Public Sexual Behavior as a Disqualifying Factor Under Guideline D
- Failure to Mitigate Security Concerns Related to Criminal Conduct Under Guideline J