Summary
A 40-year-old information technology system administrator and former Air Force technical sergeant was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant admitted to sending nude pictures of his genitalia and engaging in sexual conversations via cell phone with someone he believed to be 14 years old. This conduct led to nonjudicial punishment (NJP) in approximately July 2017 under Article 80 of the UCMJ for attempting to commit a lewd act upon a child. He was subsequently administratively discharged from the Air Force in March 2018 for sexual perversions.
The judge found that the allegations under Guidelines D and J were not mitigated. Specifically, the applicant's admission to sending nude pictures to someone he believed to be a minor constituted criminal conduct, and the NJP demonstrated a serious lapse in judgment. The applicant's claims of not intending to engage in sexual acts were deemed not credible, raising doubts about his rehabilitation.
While concerns under Guideline E were refuted, the unmitigated issues under Guidelines D and J were sufficient to warrant denial. The security clearance was therefore denied.
Why the applicant was denied
- The applicant admitted to sending nude pictures to someone he believed to be a minor, which constituted criminal conduct under Guideline J.
- The applicant received nonjudicial punishment for attempting to commit a lewd act upon a child, demonstrating a serious lapse in judgment.
- The applicant's claims of not intending to engage in sexual acts were deemed not credible, raising doubts about his rehabilitation.
Conditions referenced
- AG ¶ 31(b)appliedCriminal Conduct
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)appliedSexual Behavior That Reflects Lack of Discretion or Judgment
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
Key rule quoted
“Eligibility for access to classified information is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedApr 5, 2021
- Answer filedApr 27, 2021
- Hearing heldJul 15, 2022
- Decision dateAug 22, 2022
Cite for
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Lack of Mitigation for Serious Lapses in Judgment Under Guideline D
- Refutation of Personal Conduct Concerns Under Guideline E