Summary
A 40-year-old federal contractor with military service was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from allegations of inappropriate web usage and explicit correspondence with a co-worker, specifically citing the use of government information technology to access multiple pornographic sites and engage in explicit exchanges.
The judge found the applicant's claims that co-workers used his credentials to access inappropriate content unpersuasive and not credible. Furthermore, the applicant did not participate in counseling or take other sufficient steps to mitigate the concerns raised by his conduct.
Despite strong professional references, the judge concluded there was insufficient evidence to mitigate the established inappropriate behavior, raising significant doubts about the applicant's reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's inappropriate use of the government information technology system was established through evidence of accessing multiple pornographic sites and engaging in explicit correspondence with a co-worker.
- The applicant's claims that co-workers accessed inappropriate sites using his credentials were found unpersuasive and not credible.
- The applicant did not participate in counseling or take sufficient steps to mitigate the concerns raised by his conduct.
Conditions Referenced
- AG ¶ 16(e)raisedPersonal ConductConduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness, and ability to protect classified or sensitive information.
- AG ¶ 40(e)raisedUnauthorized Use of Information TechnologyFailure to comply with rules, procedures, guidelines, or regulations pertaining to information technology systems may raise security concerns about an individual's reliability and trustworthiness.
Key Rule Quoted
“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own.”
Procedural Posture
- SOR issuedApr 4, 2019
- Answer filedMay 8, 2019
- Hearing heldSep 12, 2019
- Decision dateDec 19, 2019
Cite For
- Insufficient Evidence to Mitigate Personal Conduct Concerns Under Guideline E
- Inappropriate Use of Information Technology Leading to Security Clearance Denial Under Guideline M
- Credibility of Applicant's Claims Regarding Unauthorized Access to His Computer