Summary
The applicant, a 34-year-old male with a history of military service, faced security clearance denial primarily due to serious criminal conduct involving indecent liberties with a minor, which raised significant concerns regarding his judgment and trustworthiness. Although some financial issues were mitigated, the recent nature of the criminal behavior overshadowed any positive factors, leading to the unfavorable decision.
Under Guideline D (Sexual Behavior), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant was charged with taking indecent liberties with a child after C, a 12-year-old neighbor, sent photos wearing outfits in which he said she looked 'sexy.' (2.a). Applicant's six-year-old daughter reported that he inappropriately touched himself in her presence while watching pornography on his phone (2.b). SOR ¶ 3.a ($3,201) is a charged-off auto loan account (3.a). SOR ¶ 3.b ($2,034) is an account placed for collection by a landlord or rental property manager (3.b). SOR ¶ 3.c ($1,902) is a charged-off credit card account (3.c). SOR ¶ 3.d ($1,108) is a rental account placed for collection by a management company (3.d). SOR ¶ 3.e ($857) is an account that has been charged off by a bank (3.e). SOR ¶ 3.f ($707) is an account placed for collection by a debt buyer (3.f). In August 2020, Applicant was arrested and charged with taking indecent liberties with a child (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 31(b), AG ¶ 13(a), AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 32(d), AG ¶ 20(a), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant engaged in inappropriate conduct with a 12-year-old minor, which included sending and receiving inappropriate messages and photos; The applicant's criminal conduct occurred after submitting his security clearance application, raising doubts about his reliability and judgment; The applicant did not provide sufficient evidence to mitigate the security concerns related to his criminal behavior.
Why the Applicant Was Denied
- The applicant engaged in inappropriate conduct with a 12-year-old minor, which included sending and receiving inappropriate messages and photos.
- The applicant's criminal conduct occurred after submitting his security clearance application, raising doubts about his reliability and judgment.
- The applicant did not provide sufficient evidence to mitigate the security concerns related to his criminal behavior.
Conditions Referenced
- AG ¶ 31(b)raisedCriminal Conduct
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant successfully completed probation in March 2023.
- AG ¶ 20(a)rejectedBehavior Unlikely to RecurThe applicant's recent criminal conduct raises ongoing concerns.
- AG ¶ 20(c)appliedReceiving Financial CounselingThe applicant demonstrated efforts to resolve financial issues.
- AG ¶ 20(d)appliedGood-faith Effort to Repay DebtsThe applicant made steady payments to address his debts.
Key Rule Quoted
“"the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJan 11, 2022
- Answer filedMar 2, 2022
- Hearing heldJun 5, 2023via video-teleconference
- Decision dateSep 5, 2023
Cite For
- Serious Criminal Conduct Involving Minors Under Guideline D
- Pattern of Poor Judgment Affecting Security Clearance Eligibility
- Mitigating Conditions Related to Financial Issues Under Guideline F