Summary
A former U.S. Army sergeant 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 allegations of sexual misconduct involving minors and subsequent false statements made during the clearance process.
In 1998, the applicant signed a sworn statement admitting to indecently touching his 14-year-old daughter multiple times over approximately two years, and improperly touching another 14-year-old girl on one occasion. Later, in February 2004, he deliberately misrepresented material facts on a security clearance application by concealing his history of mental health counseling and a prior security clearance revocation. During a subsequent interview with a security investigator, the applicant falsely denied his criminal acts involving the girls.
The judge found that the applicant failed to mitigate the security concerns arising from his admitted sexual behavior, false statements, and criminal conduct. His deliberate misrepresentation of facts on the application and false denials during the interview significantly undermined his credibility and trustworthiness, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to indecently touching his daughter and another minor, which raised significant security concerns.
- He deliberately misrepresented material facts on his security clearance application, including concealing his mental health counseling and prior clearance revocation.
- The applicant's false denials during a security interview further undermined his credibility and trustworthiness.
Conditions referenced
- E2.A5.1.2.1raisedPersonal ConductThe applicant's own signed statement indicated he engaged in indecent sexual conduct with minors.
- E2.A5.1.2.2raisedPersonal ConductThe applicant deliberately omitted relevant facts from his security clearance application.
- E2.A5.1.2.3raisedPersonal ConductThe applicant provided false information to a security investigator.
- E2.A4.1.1raisedSexual BehaviorThe applicant's sexual behavior involved criminal offenses.
- E2.A10.1.1raisedCriminal ConductThe applicant's history of criminal activity created doubt about his judgment and reliability.
Key rule quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural posture
- SOR issuedNov 18, 2005
- Answer filedDec 12, 2005
- Hearing heldApr 18, 2006
- Decision dateMay 31, 2006
Cite for
- Denial of Clearance Due to Serious Allegations of Sexual Misconduct Under Guideline D
- False Statements on Security Clearance Applications Under Guideline E
- Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J