Summary
A 41-year-old defense contractor was granted a security clearance despite a history of criminal conduct and omissions in his application. The Statement of Reasons cited two misdemeanor sexual assault convictions: one involving his five-year-old daughter in approximately September 1986, and another involving his 14-year-old stepdaughter in approximately Spring 1994. Additionally, the applicant was cited for disorderly conduct.
The applicant also faced allegations under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) for omitting all covered arrests, including a 1987 arrest for criminal/sexual misconduct, from his security clearance application. He was further alleged to have understated arrests or claims of sexual assault in a sworn statement to a DIS agent on March 27, 1997, again omitting the 1987 arrest and counseling for his behavior.
Despite these disqualifying conditions, the judge applied several mitigating factors. The applicant completed a one-year counseling program and was scheduled for a second year of outpatient therapy. His counselor provided credible assessments that he posed no threat. The judge determined that the omissions in the application were due to misunderstanding rather than intentional concealment, ultimately leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant completed a one-year counseling program and was scheduled to complete a second year of outpatient therapy.
- The applicant's counselor provided credible assessments indicating he posed no threat to himself or others.
- The judge found the applicant's omissions in his security clearance application were due to a misunderstanding rather than intentional concealment.
Conditions Referenced
- AG ¶ 1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- AG ¶ 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- AG ¶ 1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- AG ¶ 3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Undue Influence or Coercion.
- AG ¶ 2raisedDeliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts.
- AG ¶ 1appliedThe Criminal Behavior Was Not Recent.
- AG ¶ 4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur.
- AG ¶ 5appliedThere Is Clear Evidence of Successful Rehabilitation.
- AG ¶ 2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.
- AG ¶ 4appliedThe Behavior No Longer Serves as a Basis for Undue Influence or Coercion.
- AG ¶ 3appliedThe Individual Made Prompt, Good Faith Efforts to Correct the Falsification Before Being Confronted with the Facts.
- AG ¶ 4appliedOmission of Material Facts Was Caused or Significantly Contributed to by Improper or Inadequate Advice of Authorized Personnel.
Key Rule Quoted
“A decision to grant or continue an applicant's request for security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedJan 7, 1998
- Answer filedJan 20, 1998
- Hearing heldMar 2, 1998
- Decision dateApr 16, 1998
Cite For
- Successful Rehabilitation in the Context of Criminal Conduct Under Guideline D
- Credibility of Applicant's Explanations for Omissions in Security Clearance Application Under Guideline E
- Consideration of Mitigating Conditions Related to Personal Conduct Under Guideline J