Summary
The applicant, a 45-year-old former U.S. Navy senior chief petty officer, faced security clearance denial under Guideline E due to a history of misconduct, including failure to obey lawful orders and allegations of sexual harassment. Despite admitting to the underlying conduct, he contested the characterization of his actions as sexual harassment. The judge found that the applicant failed to mitigate security concerns, concluding that granting the clearance was not consistent with national security interests.
Under Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Failed to obey the order in the July 2017 letter of caution to discontinue inappropriate relationships with junior sailors (1.a). Plead guilty to failure to obey a lawful order regarding the Navy's fraternization policy (1.b). Two violations of the Navy's sexual harassment policy (1.c). Failure to maintain proper and professional relationships with junior sailors (1.d). Granted permission to retire from the Navy with a general discharge under honorable conditions in lieu of appearing before an administrative separation board (1.f).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(d). The decision turned on the following: The applicant admitted to disobeying a lawful order from his commanding officer regarding inappropriate relationships with junior sailors; The applicant's conduct demonstrated a pattern of behavior showing blatant disregard for Navy rules and regulations; The applicant minimized his misconduct and did not accept full responsibility, raising doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to disobeying a lawful order from his commanding officer regarding inappropriate relationships with junior sailors.
- The applicant's conduct demonstrated a pattern of behavior showing blatant disregard for Navy rules and regulations.
- The applicant minimized his misconduct and did not accept full responsibility, raising doubts about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(d)appliedCredible Adverse InformationThe applicant's history of misconduct supported a whole-person assessment of questionable judgment and untrustworthiness.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedJan 7, 2021
- Answer filed—
- Hearing heldOct 6, 2022
- Decision dateJun 7, 2023
Cite For
- Failure to Mitigate Security Concerns Under Guideline E
- Pattern of Misconduct Leading to Security Clearance Denial
- Impact of Minimizing Past Conduct on Security Clearance Eligibility