Summary
A 39-year-old software engineer was denied a security clearance under Guideline D (Sexual Behavior) and Guideline M (Use of Information Technology). The denial stemmed from allegations that the applicant viewed and stored pornography on his company computer from approximately 2002 until September 2017, a period of about 15 years. This conduct was deemed a severe lack of judgment, making him vulnerable to coercion, exploitation, and duress, and raised concerns about his reliability and trustworthiness, as he knew he was violating company policy.
Disqualifying conditions cited included AG ¶ 13(b), AG ¶ 13(c), and AG ¶ 40(e). While mitigating conditions AG ¶ 14(c) and AG ¶ 14(e) were considered, the judge ultimately found them insufficient. The applicant had attended counseling and support groups, but these efforts did not fully mitigate the security concerns.
The denial was based on the applicant's history of viewing pornography at work, which raised significant doubts about his reliability and trustworthiness. Additionally, his dishonesty during background checks further undermined his credibility. The judge concluded that the applicant's conduct continued to cast doubt on his current reliability and good judgment, leading to the denial of eligibility for access to classified information.
Why the applicant was denied
- The applicant's history of viewing pornography at work raised significant doubts about his reliability and trustworthiness.
- The applicant's dishonesty during background checks further undermined his credibility.
- The applicant's conduct was deemed to continue casting doubt on his current reliability and good judgment.
Conditions referenced
- AG ¶ 13(b)appliedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- AG ¶ 40(e)appliedUnauthorized Use of Any Information Technology System
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's conduct was not considered strictly private or discreet.
- AG ¶ 14(e)rejectedSuccessful Completion of an Appropriate Program of TreatmentInsufficient to mitigate years of unacceptable conduct and rules violations.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedMay 1, 2018
- Answer filedMay 23, 2018
- Hearing heldAug 16, 2018continued until October 4, 2018
- Decision dateJan 4, 2019
Cite for
- Denial of Security Clearance Due to Unresolved Sexual Behavior Under Guideline D
- Denial of Security Clearance Due to Unauthorized Use of Information Technology Under Guideline M
- Impact of Dishonesty During Background Checks on Security Clearance Eligibility