Summary
A 34-year-old electronics technician was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). These concerns arose from his U.S. Navy discharge and subsequent non-judicial punishment (NJP).
Specifically, the applicant was discharged from the Navy around 2018 due to allegations of sexual assault by three women. In approximately February 2020, he received NJP under Article 15 of the Uniform Code of Military Justice (UCMJ) for violating Articles 92 (failure to obey a lawful order), 107 (false official statements), 128 (assault consummated by a battery), and 134 (indecent conduct).
However, the administrative judge found the applicant's denials of these allegations to be credible. Crucially, the board noted a lack of substantiated evidence against him regarding the alleged sexual behavior and criminal conduct. Based on these findings, the applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant's denials of the allegations were found credible.
- There was a lack of substantiated evidence against the applicant in the administrative board's findings.
Key Rule Quoted
“it is clearly consistent with the interests of national security to grant or continue Applicant’s eligibility for a security clearance.”
Procedural Posture
- Decision DateAug 31, 2023
Cite For
- Credibility of Applicant's Denials in Sexual Behavior Allegations
- Lack of Substantiated Evidence in Criminal Conduct Cases
- Mitigation of Security Concerns Under Guidelines D and J