Summary
A 45-year-old former Navy chief petty officer was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant was found to have engaged in abusive sexual contact and made inappropriate sexual comments towards a junior sailor. This misconduct resulted in a general discharge under honorable conditions and raised significant security concerns under Guidelines D and J.
Additionally, the applicant faced issues under Guideline F due to financial considerations. These financial problems were not adequately resolved until shortly before the security clearance hearing, which failed to demonstrate sufficient good faith to mitigate the concerns.
The judge determined that the applicant's inappropriate comments and actions constituted serious misconduct. Despite some mitigating conditions being considered, the applicant did not provide sufficient evidence to overcome the established security concerns, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant was found guilty of abusive sexual contact and inappropriate sexual comments towards a junior sailor, which raised significant security concerns under Guideline D and J.
- The applicant's financial issues were not adequately addressed until shortly before the hearing, failing to demonstrate good faith under Guideline F.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)raisedSexual Behavior That Reflects Lack of Discretion or Judgment
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances That It Is Unlikely to RecurWhile the conduct occurred in 2015, the applicant did not fully accept responsibility for his actions.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's financial actions were too recent and did not demonstrate a track record of responsible behavior.
Key Rule Quoted
“"the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedApr 19, 2022
- Answer filedMay 8, 2022
- Hearing heldAug 31, 2023via video-teleconference
- Decision dateDec 11, 2023
Cite For
- Security Concerns Related to Sexual Misconduct Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F