Summary
A 55-year-old defense contractor employee was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a 2000 public indecency arrest, for which he was fined $100.00, and his subsequent failure to disclose this incident on his October 26, 2001, SF-86 security clearance application. The applicant initially concealed the arrest from his family and professional colleagues, only disclosing it to his spouse and friends more than two years later.
The Statement of Reasons cited the public indecency act itself, the applicant's preference for keeping the arrest private, and the falsification of his SF-86 by omitting the arrest. While the applicant's professional record was meritorious, the judge found that his knowing and willful omission of the arrest on his SF-86, and his failure to acknowledge it until confronted by a DSS agent, raised significant security concerns regarding his reliability and trustworthiness.
Despite the application of several mitigating conditions, the judge determined that the applicant's embarrassment over the incident did not sufficiently mitigate the security concerns associated with his concealment. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to disclose his public indecency arrest on his SF-86 application, which was considered a knowing and willful omission.
- The applicant did not acknowledge his arrest until confronted by a DSS agent, undermining his credibility and reliability.
- The judge found that the applicant's embarrassment over the incident did not mitigate the security concerns associated with his concealment.
Conditions Referenced
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts
- E2.A4.1.3.4appliedThe Behavior No Longer Serves as Basis for Coercion, Exploitation, or Duress
- E2.A4.1.2.3rejectedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.2.1rejectedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.2.4rejectedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion of Judgment
Key Rule Quoted
“The deliberate omission, concealment, falsification or misrepresentation of relevant and material facts from any personnel security questionnaire... is applicable.”
Procedural Posture
- SOR issuedMay 17, 2004
- Answer filedJun 10, 2004Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateJul 28, 2005
Cite For
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- Impact of Failure to Disclose Criminal Behavior on Security Clearance Eligibility
- Mitigating Factors Related to Sexual Behavior Under Guideline D