Summary
A 47-year-old defense contractor technician was denied a security clearance based on Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from serious criminal conduct involving the sexual abuse of his stepdaughter over an eight-year period.
Specifically, the applicant was arrested and charged with multiple counts related to oral copulation with minors and continual sexual abuse. On September 30, 1993, he pled guilty to oral copulation with a person under age 14/force/fear, resulting in a sentence of 365 days in jail, three years probation, a $200 fine, restrictions on being with minors, and sex offender registration.
The judge determined that the applicant's past behavior, coupled with his attempt to conceal the criminal conduct during the security investigation, demonstrated a lack of honesty and judgment. Furthermore, the applicant failed to provide credible evidence of rehabilitation or remorse for his actions, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant engaged in serious criminal conduct involving sexual abuse of a minor over an extended period.
- The applicant attempted to conceal his criminal behavior during the security investigation, demonstrating a lack of honesty and judgment.
- The applicant failed to provide credible evidence of rehabilitation or remorse for his actions.
Conditions referenced
- J DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- D DC 1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- D DC 2raisedCompulsive or Addictive Behavior When the Person Is Unable to Stop a Pattern of Self-destructive or High-risk Behavior or That Which Is Symptomatic of a Personality Disorder.
- E DC 3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator in Connection with a Personnel Security Investigation or Trustworthiness Determination.
- J MC 1rejectedThe Criminal Behavior Was Not Recent.The applicant's criminal conduct occurred over a prolonged period and was serious.
- J MC 2rejectedThe Crime Was an Isolated Incident.The applicant's conduct involved repeated offenses over eight years.
- J MC 6rejectedThere Is Clear Evidence of Successful Rehabilitation.The applicant failed to demonstrate understanding of the gravity of his crimes or remorse.
- D MC 2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.The applicant's past behavior was extensive and serious.
- D MC 3rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability.The applicant's attempts to conceal his actions indicate poor judgment.
- E MC 1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability.The omitted information was substantiated and relevant.
- E MC 2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information.The applicant's falsification occurred less than three years ago.
- E MC 3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts.The applicant was confronted multiple times before admitting the truth.
Key rule quoted
“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”
Procedural posture
- SOR issuedJun 10, 2004
- Answer filedJun 29, 2004
- Hearing held—Applicant elected to have the case decided on a written record.
- Decision dateDec 22, 2004
Cite for
- Serious Criminal Conduct Involving Sexual Abuse Under Guideline D
- Attempts to Conceal Criminal Behavior as Indicative of Poor Judgment Under Guideline E
- Lack of Credible Evidence of Rehabilitation Affecting Security Clearance Decisions Under Guideline J