Summary
A 42-year-old male applicant with prior military service was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), F (Financial Considerations), J (Criminal Conduct), and M (Use of Information Technology). The applicant faced allegations of sexual assault and abusive sexual contact with a female sailor, viewing pornography on a government computer, and downloading and viewing child pornography.
Additionally, the applicant experienced significant financial difficulties. These included a charged-off consumer account, a remaining balance from a vehicle repossession, and a charged-off personal loan. While some past-due and charged-off consumer accounts were resolved, the applicant also filed for Chapter 7 bankruptcy, discharging $20,000 in debt.
The denial was based on the applicant's history of serious criminal conduct, including sexual assault and possession of child pornography. The judge found that the applicant's financial issues were worsened by his criminal behavior and a bad conduct discharge from the military. Ultimately, the applicant did not provide sufficient evidence of rehabilitation or compliance with treatment plans, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of serious criminal conduct, including sexual assault and possession of child pornography.
- The applicant's financial difficulties were exacerbated by his criminal behavior and bad conduct discharge from the military.
- The applicant failed to provide sufficient evidence of rehabilitation or compliance with treatment plans.
Conditions Referenced
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)appliedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(e)appliedDischarge From the Armed Forces for Reasons Less Than "honorable"
- AG ¶ 40(e)appliedUnauthorized Use of Information Technology
- AG ¶ 40(f)appliedIntroduction of Prohibited Items to Information Technology Systems
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
- AG ¶ 14(b)rejectedBehavior Unlikely to RecurInsufficient time has passed to establish that the applicant's behavior is solely in the past.
- AG ¶ 14(d)rejectedSexual Behavior Was Private and ConsensualThe applicant's actions were not strictly private or consensual.
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentThe applicant did not provide treatment records to demonstrate compliance.
- AG ¶ 20(b)appliedConditions Beyond the Individual's ControlApplicable to SOR ¶ 4.f due to circumstances surrounding the bankruptcy.
- AG ¶ 20(d)appliedGood-faith Effort to Repay DebtsApplicable to SOR ¶¶ 4.a and 4.e as the applicant resolved these 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 issuedFeb 13, 2023
- Answer filedMar 13, 2023
- Hearing heldFeb 21, 2024
- Decision dateMay 16, 2024
Cite For
- Denial of Security Clearance Due to Serious Criminal Conduct Under Guideline J
- Failure to Mitigate Financial Concerns Under Guideline F
- Impact of Sexual Behavior on Security Clearance Eligibility Under Guideline D