Summary
A 54-year-old former Army senior non-commissioned officer was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The primary issues stemmed from a 2017 felony sexual assault conviction and ongoing financial difficulties.
The applicant was arrested and charged with felony sexual assault, subsequently pleading guilty to a lesser included charge. This resulted in an order to register as a sex offender and supervised probation until November 2022. Additionally, the applicant engaged in extra-marital sexual relations.
Financial concerns included over $25,413 in three delinquent or past-due debts, and a failure to file both federal and state income tax returns for the 2017 tax year. While some financial recovery was demonstrated, the applicant's lack of credibility regarding the circumstances of his arrest, combined with his criminal conduct and financial issues, led to the denial of his security clearance.
Why the applicant was denied
- The applicant was arrested and charged with felony sexual assault, later pleading guilty to a lesser charge involving impaired consent.
- The applicant's financial issues included over $25,000 in delinquent debts and failure to file tax returns for 2017, which were exacerbated by legal fees from his criminal case.
- The applicant's lack of credibility regarding the events surrounding his arrest and his history of extra-marital affairs raised doubts about his judgment and reliability.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(c)raisedCurrently on Probation
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File Income Tax Returns
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 20(f)appliedCompliance with Tax Filing Requirements
Key rule quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedDec 20, 2019
- Answer filed—
- Hearing heldMar 14, 2022via video teleconference
- Decision dateMay 26, 2022
Cite for
- Security Concerns Related to Criminal Conduct Under Guideline D
- Financial Issues Impacting Security Clearance Under Guideline F
- Credibility Issues Affecting Judgment and Trustworthiness Under Guideline E