Summary
A 24-year-old defense contractor was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct) due to incidents of sexual misconduct during his time in the Navy. Specifically, the applicant engaged in sexual acts at a party in June 2007 with friends who did not consent. These friends filed complaints, leading to a Navy investigation and court-martial charges for assault, indecent assault, and sodomy under the U.C.M.J. The judge determined these actions were criminal in nature.
The denial was based on several factors. The applicant's non-consensual sexual acts and the resulting allegations of sexual assault were a primary concern. Furthermore, a pattern of compulsive sexual behavior indicated a lack of judgment and discretion, raising significant security concerns about his reliability and trustworthiness.
Finally, the applicant's failure to disclose critical information on his SF-86 form undermined his credibility and demonstrated a lack of candor during the security clearance process. Despite some mitigating conditions being considered, the judge ultimately found that the disqualifying conditions outweighed them, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant engaged in sexual acts without consent, leading to allegations of sexual assault.
- The applicant's pattern of behavior indicated a lack of judgment and discretion, raising security concerns.
- The applicant's failure to disclose critical information on his SF-86 undermined his credibility.
Conditions Referenced
- D-13(a)raisedSexual Behavior of a Criminal Nature
- D-13(b)raisedPattern of Compulsive Sexual Behavior
- D-13(c)raisedVulnerability to Coercion or Exploitation
- D-13(d)raisedLack of Discretion or Judgment in Sexual Behavior
- E-16(e)raisedConcealment of Information Creating Vulnerability
- D-14(b)rejectedBehavior Unlikely to RecurThe incidents were not infrequent and occurred under normal circumstances.
- D-14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's past behavior still poses a risk of vulnerability.
- D-14(d)rejectedBehavior Is Private, Consensual, and DiscreetThe behavior was public and non-consensual.
- E-17(c)rejectedMinor Offense or Unlikely to RecurThe incidents involved serious sexual misconduct.
- E-17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant did not adequately acknowledge wrongdoing.
- E-17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant did not demonstrate effective measures to mitigate risks.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 17, 2009
- Answer filedOct 1, 2009
- Hearing heldFeb 25, 2010
- Decision dateDec 14, 2010Remand decision issued.
Cite For
- Disqualifying Conditions Under Guideline D for Sexual Behavior
- Disqualifying Conditions Under Guideline E for Personal Conduct
- Credibility Issues Related to Failure to Disclose Information on SF-86