Summary
A 56-year-old retired Navy petty officer was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from a history of sexual abuse against his minor daughter, which occurred from approximately May 1990 to October 1991.
In April 1992, the applicant pleaded guilty to aggravated sexual battery, a felony, and two counts of non-aggravated sexual battery. He received a 15-year suspended sentence in the state penitentiary for the aggravated sexual battery and was placed on supervised probation until mid-1995.
Despite evidence of rehabilitation and a healthy relationship with his daughter, the judge concluded that the applicant's past criminal conduct, specifically the convictions for aggravated and non-aggravated sexual battery, raised significant security concerns regarding his judgment and trustworthiness. This history of sexual misconduct, deemed a violation of state criminal statutes, led to the denial of his security clearance.
Why the applicant was denied
- The applicant was convicted of aggravated sexual battery and non-aggravated sexual battery against his minor daughter.
- The applicant's criminal conduct raised significant security concerns regarding his judgment and trustworthiness.
- The applicant's history of sexual misconduct was deemed a violation of state criminal statutes.
Conditions referenced
- E2.A4.1.2.2raisedCompulsive or Addictive Sexual Behavior
- E2.A4.1.3.3rejectedNo Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant's past criminal behavior raised doubts about his judgment.
- E2.A4.1.3.2rejectedBehavior Was Not RecentWhile the behavior occurred over ten years ago, it was still a significant concern.
- E2.A4.1.1.araisedAllegations or Admission of Criminal Conduct
- E2.A4.1.1.craisedConviction in a Federal or State Court
- E2.A4.1.3.2appliedThe Behavior Was Not RecentThe applicant's sexual misconduct occurred over ten years ago.
- E2.A4.1.3.3appliedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant has demonstrated rehabilitation and insight into his behavior.
- E2.A4.1.3.fappliedClear Evidence of Successful RehabilitationThe applicant completed treatment for sexual offenders and was discharged as a treatment success.
Key rule quoted
“A person who seeks access to classified information enters a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedJul 26, 2001
- Answer filedAug 16, 2001Applicant requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateDec 18, 2001
Cite for
- Denial of Security Clearance Due to Past Sexual Misconduct Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Rehabilitation Evidence in Security Clearance Determinations.