Summary
A 39-year-old U.S. citizen and business systems analyst was granted a security clearance despite concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons detailed several allegations, including a 2012 accusation of nonconsensual sodomy with a shipmate, which the applicant admitted to but maintained was consensual. In 2017, he received nonjudicial punishment for sexual harassment, resulting in a reduction in rank and administrative separation from military service.
Further allegations included a 2008 felony kidnapping and assault charge, which the applicant denied guilt for, and a 2010 charge for destruction of property, which he attributed to a cohabitant changing a lock. These incidents collectively impacted his military career, leading to reductions in rate and premature termination of service.
Despite these issues, the administrative judge granted the clearance. The applicant provided credible exculpatory explanations for his past actions and demonstrated significant rehabilitation through therapy and improved personal relationships. The termination of his turbulent marriage was also noted as reducing the potential for future incidents.
Why the applicant prevailed
- The applicant provided credible exculpatory explanations for his past conduct.
- He demonstrated successful rehabilitation through therapy and improved personal relationships.
- The applicant's turbulent marriage had ended, reducing the potential for future incidents.
Conditions referenced
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedVulnerability to Coercion
- AG ¶ 13(d)raisedLack of Discretion in Sexual Behavior
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(c)appliedNo Reliable Evidence of Offense
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 14(b)appliedBehavior Unlikely to Recur
- AG ¶ 14(c)appliedNo Longer Vulnerable to Coercion
- AG ¶ 17(c)appliedMinor Offenses or Time Passed
- AG ¶ 17(d)appliedAcknowledgment and Counseling
- AG ¶ 17(f)appliedUnsubstantiated Information
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedJul 26, 2021
- Answer filedAug 8, 2021
- Hearing heldJun 21, 2022conducted by video teleconference
- Decision dateSep 13, 2022
Cite for
- Successful Rehabilitation After a History of Criminal Conduct
- Mitigating Factors Under Guidelines J, D, and E
- Whole-person Assessment in Security Clearance Determinations