Summary
A 33-year-old quality assurance configuration specialist 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 history of criminal offenses and sexual misconduct.
The applicant's criminal record included a November 1991 conviction for burglary of an automobile, February 1994 charges for DUI and negligent driving, a 1995 conviction for interfering with a police officer, and assault and battery charges in October 1996 and January 2001. Additionally, the applicant was named as a defendant in a petition alleging sexual relations with a 15-year-old girl when he was 28, while employed as a mental health technician. He also falsified material facts on his Security Clearance Application by denying he had been the subject of a civil court action.
The judge found that the applicant failed to mitigate concerns regarding his criminal conduct, sexual behavior, and personal conduct. Specifically, his history of multiple criminal offenses raised questions about his judgment and reliability, and his sexual conduct with a minor patient reflected a lack of discretion. The applicant did not demonstrate sufficient rehabilitation or stability to overcome these security concerns, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant had a history of multiple criminal offenses, including DUI and assault, which raised concerns about his judgment and reliability.
- The applicant engaged in sexual conduct with a patient who was a minor, reflecting a lack of discretion and poor judgment.
- The applicant failed to demonstrate sufficient rehabilitation or stability to mitigate the security concerns raised by his past conduct.
Conditions referenced
- DC E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- DC E2.A10.1.2.2raisedA Serious Crime or Multiple Lesser Offenses
- DC E2.A4.1.2.4raisedSexual Behavior That Reflects Lack of Judgment or Discretion
- DC E2.A5.1.2.1raisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- MC E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- MC E2.A4.1.3.2appliedThe Sexual Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedFeb 7, 2005
- Answer filedMar 3, 2005
- Hearing heldSep 14, 2005
- Decision dateDec 30, 2005
Cite for
- Denial of Security Clearance Due to a Pattern of Criminal Conduct Under Guideline J
- Lack of Discretion in Sexual Behavior Under Guideline D
- Failure to Demonstrate Rehabilitation or Stability Under Guideline E