Summary
This DOHA security clearance decision involved a former U.S. Navy member whose eligibility was reviewed under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). Concerns arose from allegations including timecard fraud leading to employment termination, a sexual relationship with a subordinate that constituted a criminal offense, and accusations of rape and sexual assault by an enlisted shipmate. Additionally, the applicant resigned from the Navy in lieu of a courts-martial after admitting to making a false official statement, raising questions about judgment and trustworthiness.
Disqualifying conditions were identified under all three guidelines. However, the administrative judge applied several mitigating conditions. The applicant demonstrated significant remorse for past actions and has since engaged in positive community activities.
A considerable period has passed since the misconduct, with no evidence of similar behavior occurring since 2015. The judge concluded that the applicant's past misconduct did not reflect current reliability or trustworthiness. Consequently, the applicant was GRANTED eligibility for access to classified information.
Why the applicant prevailed
- The applicant showed significant remorse for past conduct and has engaged in positive community activities since the incidents.
- There was a considerable passage of time since the misconduct, with no evidence of similar behavior occurring since 2015.
- The applicant's previous misconduct was not deemed to reflect current reliability or trustworthiness.
Conditions referenced
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(e)raisedDischarge for Reasons Other Than Honorable
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior Causing Vulnerability
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 17(c)appliedMinor Offense or Unlikely to Recur
- AG ¶ 17(f)appliedUnsubstantiated Information
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 14(b)appliedSexual Behavior Unlikely to Recur
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedMar 31, 2023
- Answer filedJul 24, 2023
- Hearing heldOct 12, 2023conducted by video teleconference
- Decision dateNov 16, 2023
Cite for
- Mitigation of Security Concerns Under Guidelines E, D, and J Due to Positive Community Involvement
- Consideration of Time Elapsed Since Past Misconduct in Security Clearance Decisions
- Demonstration of Remorse as a Factor in Granting Security Clearance Eligibility