Summary
The applicant, a 27-year-old systems administrator, faced security concerns under Guidelines F (Financial Considerations), J (Criminal Conduct), D (Sexual Behavior), and E (Personal Conduct). He admitted to financial delinquencies totaling $22,000 and a criminal charge of sexual assault, which he pled down to a lesser charge. The judge found the financial concerns unresolved, leading to a denial of security clearance, while the criminal conduct and sexual behavior were mitigated due to time elapsed and lack of recurrence.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant admitted to placing his hand on the victim’s breast while they were in bed, which he believed to be consensual (3.a). Applicant has resolved some debts not alleged but has neglected these consumer debts (4.a). There is no evidence of fraud, deceptive, or illegal practices that would make these debts a personal conduct security concern (4.b). two delinquent accounts in the amounts of $8,432 and $14,621 with his financial institution (1.a). two delinquent accounts in the amounts of $8,432 and $14,621 with his financial institution (1.b). Applicant was arrested and charged with a violation of Uniform Code of Military Justice (UCMJ) Article 120 (Sexual Assault) (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 31(b). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 32(a), AG ¶ 14(b), AG ¶ 14(c), AG ¶ 17(c), AG ¶ 17(d), AG ¶ 17(e). The decision turned on the following: The applicant's financial delinquencies were unresolved and he did not demonstrate a good-faith effort to repay his debts.
Why the Applicant Prevailed
- The applicant's criminal conduct was mitigated due to the time elapsed since the offense and lack of recurrence.
- The applicant's sexual behavior was also mitigated as he no longer has a relationship with the victim and seeks verbal consent before engaging in physical contact.
Conditions Referenced
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlThe applicant did not act responsibly under the circumstances to resolve his debts.
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 14(b)appliedBehavior Unlikely to Recur
- AG ¶ 14(c)appliedNo Longer Vulnerable to Coercion
- AG ¶ 17(c)appliedBehavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJun 13, 2023
- Answer filedAug 29, 2023
- Hearing heldJun 5, 2024Case assigned to judge.
- Decision dateJul 1, 2024
Cite For
- Unresolved Financial Delinquencies Under Guideline F
- Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed
- Mitigation of Sexual Behavior Under Guideline D Due to Changed Circumstances