Summary
A 37-year-old former U.S. Navy serviceman was denied a security clearance due to serious misconduct involving sexual behavior and misuse of government technology. The Statement of Reasons (SOR) alleged that while stationed aboard a U.S. Navy ship, the applicant engaged in an extramarital affair and used a government computer for sexually-explicit email conversations. He also received nonjudicial punishment for fraternization, violation of orders, adultery, and obstruction of justice.
Specifically, the applicant was alleged to have attempted to obstruct justice by soliciting a junior sailor to delete evidence related to an ongoing investigation. These actions raised disqualifying conditions under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology).
Although mitigating conditions were considered, the judge found them insufficient. The applicant admitted to engaging in sexual relations with a subordinate officer while on duty, which was deemed a serious breach of conduct. His history of sexual misconduct, including a previous extramarital affair, indicated a pattern of questionable judgment and untrustworthiness, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to engaging in sexual relations with a subordinate officer while on duty, which constituted a serious breach of conduct.
- The applicant's history of sexual misconduct, including a previous extramarital affair, indicated a pattern of questionable judgment and untrustworthiness.
- The applicant's counseling and acknowledgment of his behavior were insufficient to mitigate the risks associated with his past actions.
Conditions referenced
- AG ¶ 16(c)appliedCredible Adverse Information
- AG ¶ 16(d)appliedCredible Adverse Information Not Explicitly Covered
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)appliedPattern of Compulsive Sexual Behavior
- AG ¶ 13(c)appliedSexual Behavior Causing Vulnerability to Coercion
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's sexual conduct was serious and frequent, indicating a likelihood of recurrence.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingWhile the applicant sought counseling, it was deemed insufficient to mitigate the serious nature of his conduct.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant had not disclosed his misconduct to his current supervisors, indicating ongoing 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 issuedApr 1, 2016
- Answer filedMay 2, 2016
- Hearing heldDec 7, 2016
- Decision dateMar 1, 2017
Cite for
- Serious Breaches of Conduct Under Guideline D and E
- Impact of Personal Conduct on Security Clearance Eligibility
- The Importance of Demonstrating Rehabilitation and Mitigating Circumstances in Security Clearance Cases