Summary
A 58-year-old defense contractor employee was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant's Statement of Reasons detailed two arrests for indecent exposure, encompassing three separate incidents. Specifically, on August 23, 1993, the applicant was arrested and charged with two incidents of indecent exposure. A third incident occurred on February 17, 1995, when he was observed in a shopping center parking lot with his pants down, exposing himself.
The judge found that while the applicant had a history of a DWI and indecent exposure, the evidence did not support a pattern of alcohol abuse or sexual misconduct. However, the applicant's criminal conduct involving indecent exposure raised significant concerns about his judgment and reliability. His DWI incident, though isolated, further contributed to doubts regarding his trustworthiness.
Ultimately, the applicant's conduct was deemed to lack sufficient mitigating factors to overcome the disqualifying conditions, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of criminal conduct involving indecent exposure, which raised concerns about his judgment and reliability.
- The applicant's DWI incident, while isolated, contributed to doubts about his trustworthiness.
- The applicant's conduct was deemed to lack sufficient mitigating factors to overcome the disqualifying conditions.
Conditions Referenced
- AG ¶ 20(a)raisedCriminal Conduct
- AG ¶ 24(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 21(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 21(b)appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- AG ¶ 24(c)appliedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability
- AG ¶ 23(a)appliedThe Criminal Behavior Was Not Recent
Key Rule Quoted
“"the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedOct 14, 1997
- Answer filedNov 18, 1997Applicant requested an administrative decision on the record.
- Hearing held—No hearing was held; decision made on the record.
- Decision dateApr 14, 1998
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Impact of Past Alcohol-related Incidents on Security Clearance Decisions Under Guideline G
- Consideration of Mitigating Factors in Cases Involving Sexual Behavior Under Guideline D