Security Clearance Retained Despite Sexual Misconduct

September 20th, 2016

MIDWEST: Client civilian government employee received an SOR after engaging in an extramarital affair with a co-worker and using the company e-mail system to send inappropriate e-mails. Client successfully mitigated security concerns and received a favorable security determination after retaining JAG Defense to assist with SOR response.

Categories: Security Clearance Success Stories

Tags: GUIDELINE D: Sexual Behavior, GUIDELINE E: Personal Conduct, GUIDELINE J: Criminal Conduct, GUIDELINE M: Misuse of Information Technology Systems

Grover H. Baxley

Grover H. Baxley is the founding attorney of JAG Defense. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world.

Donna P. Price

Donna P. Price retired from active duty as a Captain in 2003 after serving 25 years in the U.S. Navy Judge Advocate General's Corps. Ms. Price has earned a national reputation as a leader in Security Clearance representation.

A group of officers and enlisted members went on liberty in Djbouti, Africa. While on liberty, they purchased and consumed alcohol (with the exception of the driver). On the way back to their base, they struck a camel, severely damaging their GOV. In the ensuing investigation, a number of the members made false, conflicting statements about their consumption of alcohol. Our client admitted to his own drinking, but on two separate occasions, denied knowledge of anyone else's purchase or consumption of alcohol, which was not true. Our client was taken to Admiral's Mast, where he was found guilty of false official statement, conduct unbecoming an officer and a gentleman, and failure to obey a lawful regulation. Following his Mast, our client completed his deployment in Djbouti, returned to the U.S., and then was notified that he would be required to show cause for retention in the U.S. Navy. At his Board of Inquiry, our client took responsibility for making false statements on 2 occasions, as well as not properly executing the required liberty paperwork (which was the basis of the orders violation). We presented compelling evidence of his otherwise positive Naval career, coupled with his exceptional performance on deployment, both before and after the incident. Result: The Board voted 3-0 to RETAIN our client in the U.S. Navy.

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Security Clearance Retained Despite Sexual Misconduct

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