Summary
A 47-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). Between 1995 and 1997, the applicant engaged in multiple illegal sexual acts in public, leading to two arrests and a felony conviction. Specifically, he was charged in February 1996 with indecent exposure and solicitation for immoral purposes, and subsequently convicted of felony criminal solicitation following a March 1997 arrest.
Further complicating his case, the applicant demonstrated a lack of candor during his background investigation. He deliberately falsified a sworn statement to the Defense Security Service (DSS) in June 2003 regarding his latter arrest.
The denial was based on several factors: his engagement in illegal sexual acts, which demonstrated a disregard for the law; his felony conviction for solicitation, which raised significant security concerns; and his knowing submission of false statements during the investigation, which undermined his credibility. While Mitigating Condition 2 was applied, it was insufficient to overcome the disqualifying conditions, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant engaged in illegal sexual acts in public places, demonstrating a disregard for the law.
- The applicant was convicted of felony solicitation, which raises significant security concerns.
- The applicant knowingly made false statements during his background investigation, undermining his credibility.
Conditions referenced
- DC 1raisedSexual Behavior of a Criminal Nature
- DC 3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- DC 4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- DC 3raisedDeliberately Providing False or Misleading Information
- MC 2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar NatureHowever, the applicant's conduct remains a source of embarrassment, diminishing the mitigating effect.
Key rule quoted
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedDec 3, 2004
- Answer filed—
- Hearing heldSep 23, 2005
- Decision dateJan 26, 2006
Cite for
- Disregard for the Law Under Guideline D
- Lack of Candor Under Guideline E
- Impact of Felony Convictions on Security Clearance Eligibility