Summary
The applicant, a 27-year-old field service engineer with an interim Secret security clearance, faced allegations under Guidelines D (sexual behavior) and J (criminal conduct) related to engaging in a sexual relationship with a minor and receiving an Other than Honorable discharge from the Marine Corps. The applicant denied the allegations, asserting a lack of intent and a pending appeal regarding the discharge. The judge found sufficient evidence to mitigate the security concerns, leading to the granting of the security clearance.
Under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant engaged in a sexual relationship with a minor between about May and July 2019 (1.a). Applicant received an OTH discharge from the U.S. Marine Corps in January 2021 for the offense of Misconduct – Sexual Relationship with a Minor (2.a). Cross-alleged information set forth under 1.a above (2.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 13(a), AG ¶ 31(b), AG ¶ 31(d). The judge applied mitigating conditions AG ¶ 14(b), AG ¶ 14(c), AG ¶ 14(d). The decision turned on the following: The applicant demonstrated a lack of intent regarding the allegations of sexual conduct with a minor; The applicant's military service and character references supported his reliability and trustworthiness; The time elapsed since the conduct and the applicant's subsequent law-abiding behavior contributed to the mitigation of concerns.
Why the applicant prevailed
- The applicant demonstrated a lack of intent regarding the allegations of sexual conduct with a minor.
- The applicant's military service and character references supported his reliability and trustworthiness.
- The time elapsed since the conduct and the applicant's subsequent law-abiding behavior contributed to the mitigation of concerns.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(d)raisedDischarge From the Armed Forces for Reasons Less Than 'honorable'
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion
- AG ¶ 14(d)rejectedThe Sexual Behavior Is Strictly Private, Consensual, and DiscreetThe applicant's conduct involved a minor, which does not meet the criteria for this mitigating condition.
Key rule quoted
“It is well settled that once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against granting a security clearance.”
Procedural posture
- SOR issuedNov 15, 2023
- Answer filedDec 22, 2023
- Hearing heldFeb 29, 2024rescheduled from February 29, 2024
- Decision dateDec 16, 2024
Cite for
- Mitigation of Security Concerns Under Guidelines D and J
- Consideration of the Whole-person Concept in Security Clearance Decisions
- The Presumption Against Granting a Security Clearance and Its Rebuttal