Summary
The applicant, a 36-year-old former U.S. Navy member, faced security concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and F (Financial Considerations) due to allegations of sexual misconduct and financial irresponsibility. While the judge found the concerns under Guideline D mitigated, those under Guidelines E and F were not, leading to a denial of security clearance.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant kissed a female sailor three times against her will (1.a). In July 2013, he was issued a military protective order to stay away from a female sailor following allegations of inappropriate sexual advances and harassment (1.b). In October 2013, he violated the military protective order by engaging in sexual contact with the female sailor (1.c). Applicant was terminated from employment by another federal agency for misuse of a government credit card and failure to pay his obligations incurred with the credit card (2.b). Delinquent medical bills for $222 and $70 (3.c). Delinquent payday loan account referred for collection of $1,427 (3.b). Child-support arrearage referred for collection of $25,900 (3.l).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 14(b), AG ¶ 20(d), AG ¶ 20(c). The decision turned on the following: Concerns under Guidelines E and F were not mitigated due to lack of candor and ongoing financial irresponsibility.
Why the Applicant Prevailed
- Concerns under Guideline D were mitigated due to the age and infrequency of the conduct.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(b)appliedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances That It Is Unlikely to Recur
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(c)rejectedThe Individual Has Received or Is Receiving Financial CounselingInsufficient evidence of effective financial counseling.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedOct 16, 2020
- Answer filedNov 28, 2020Applicant represented himself pro se.
- Hearing heldJan 7, 2021Hearing convened as scheduled.
- Decision dateFeb 10, 2021
Cite For
- Mitigation of Sexual Behavior Under Guideline D
- Lack of Candor in Security Clearance Applications Under Guideline E
- Financial Irresponsibility and Its Impact on Security Clearance Eligibility Under Guideline F.