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Summary

This 36-year-old mechanic, previously in the Air Force, was denied a security clearance due to serious allegations of sexual misconduct involving his minor stepdaughter, which he initially admitted but later denied, indicating a lack of credibility. Additionally, he has significant unresolved financial debts, demonstrating poor judgment and untrustworthiness. The judge found no mitigating factors to support the applicant's case, leading to a denial of clearance.

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: The sexual conduct alleged under SOR 1.a; (3.a). Applicant received an Under Other than Honorable Conditions discharge from the U.S. Air Force, as alleged in SOR 1.a., above; (2.a). Telephone Company A - $1,552.00; (4.a). Company B - $227.00; (4.b). Collection Agency C - $9,900.00; (4.c). Credit Company D - $2,513.00; (4.d). Company E - $1,078.00; (4.e). Collection Agency F - $1,651.00 (4.f). On May 26, 1998, while serving in the U.S. Air Force at a base in a foreign country, court-martial charges were brought against Applicant for violating the UCMJ. The charges contained three specifications of indecent sexual acts with his stepdaughter, who was less than 16 at the time. On July 2, 1998, the charges were referred to a general court-martial. The charges were dismissed on October 14, 1998, upon the convening authority accepting Applicant's request for a discharge in lieu of a court-martial. On November 5, 1998, Applicant was discharged from the U.S. Air Force with a discharge characterized as Under Other than Honorable Conditions (1.a).

The judge denied the clearance. The government raised disqualifying conditions J1, D1, E1, F1, F3. The decision turned on the following: The applicant was involved in serious criminal conduct, specifically sexual molestation of a minor, which he initially admitted but later denied, raising credibility concerns; The applicant has a history of significant delinquent debts and has made little effort to resolve them despite being aware of the government's concerns; No mitigating conditions were established to counter the disqualifying factors present in the applicant's case.

Why the applicant was denied

• The applicant was involved in serious criminal conduct, specifically sexual molestation of a minor, which he initially admitted but later denied, raising credibility concerns.
• The applicant has a history of significant delinquent debts and has made little effort to resolve them despite being aware of the government's concerns.
• No mitigating conditions were established to counter the disqualifying factors present in the applicant's case.

Conditions referenced

Key rule quoted

“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”

Procedural posture

• SOR issuedOct 16, 2003
• Answer filedJan 19, 2004Applicant elected to proceed without a hearing.
• Hearing held—Decision made on the written record.
• Decision dateMar 21, 2005

Cite for

• Credibility Issues Arising From Inconsistent Statements Regarding Past Conduct
• Impact of Unresolved Financial Obligations on Security Clearance Eligibility
• Seriousness of Criminal Conduct in Relation to Security Clearance Determinations