Summary
A 40-year-old divorced systems engineer was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of voyeuristic activities, drug use, and intentional falsification of information on a security questionnaire.
Specifically, the applicant engaged in voyeuristic behavior, at times daily, from approximately 1980 through May 1996, leading to an arrest for Criminal Trespass in December 1994 after jumping into a neighbor's backyard. Additionally, the applicant used marijuana, at times daily, from approximately 1976 to March or April 1996, and purchased it weekly from 1979 to March or April 1996. He also used hash, speed, and cocaine a few times in the 1970s.
Crucially, the applicant intentionally provided false, material information on a National Agency Questionnaire (NAQ) executed on July 7, 1992, by answering "no" to a question about prior drug use, despite his history of cannabis use. The judge concluded that the applicant's long-term voyeurism, drug abuse, and deliberate misrepresentation demonstrated a lack of judgment and trustworthiness, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant engaged in voyeuristic activities from approximately 1980 to May 1996, resulting in a criminal trespass arrest in 1994.
- The applicant intentionally provided false information regarding drug use on a National Agency Questionnaire, reflecting adversely on his judgment and reliability.
- The applicant's history of drug abuse, including marijuana and other substances, indicated an inability to adhere to security responsibilities.
Conditions referenced
- D1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- D2raisedCompulsive or Addictive Sexual 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.
- D4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment.
- J1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- H1raisedAny Drug Abuse.
- E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire, Personal History Statement, or Similar Form Used to Conduct Investigations.
Key rule quoted
“In DOHA cases, the Government has the initial burden of producing evidence that reasonably suggests an applicant cannot be relied upon to safeguard classified information.”
Procedural posture
- SOR issuedNov 26, 1996
- Answer filedDec 20, 1996
- Hearing heldApr 2, 1997
- Decision dateJul 17, 1997
Cite for
- Denial Based on Long-term Voyeuristic Behavior Under Guideline D
- Denial Due to Intentional Falsification of Information Under Guideline E
- Denial Related to Drug Abuse History Under Guideline H