Summary
A 45-year-old defense contractor and former attorney was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from allegations that the applicant used a Department of Defense (DOD) IT system to view illicit material containing sexual content, violating agency policy. Additionally, the applicant was found to have downloaded unauthorized software onto the agency’s IT system.
Further allegations included submitting fraudulent timesheets, overcharging the Government for approximately 150 to 200 hours of work, totaling an estimated $23,000 to $30,000. While the judge noted that this conduct did not constitute a pattern of dishonesty, the unauthorized IT use raised significant concerns.
Despite some mitigating factors, the judge concluded that the applicant's actions demonstrated questionable judgment and an unwillingness to comply with established rules and regulations. This led to the denial of eligibility for access to classified information, as the conduct raised substantial doubts about the applicant's reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant used a DOD IT system to view illicit material, violating agency policy.
- The applicant downloaded software onto the agency's IT system without authorization, raising security concerns.
- The applicant's conduct demonstrated questionable judgment and an unwillingness to comply with rules and regulations.
Conditions Referenced
- AG ¶ 39raisedFailure to Comply with Rules, Procedures, Guidelines, or Regulations Pertaining to Information Technology Systems
- AG ¶ 40(e)raisedUnauthorized Use of Any Information Technology System
- AG ¶ 40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System When Prohibited
- AG ¶ 15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 41(b)rejectedThe Misuse Was Minor and Done Solely in the Interest of Organizational Efficiency and EffectivenessThe applicant's conduct was not considered minor and continued to cast doubt on his reliability.
- AG ¶ 41(a)rejectedSo Much Time Has Elapsed Since the Behavior HappenedThe applicant's conduct was recent and ongoing.
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's conduct was not deemed minor and raised ongoing concerns.
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 issuedAug 23, 2019
- Answer filedSep 12, 2019
- Hearing heldFeb 20, 2020rescheduled from January 29, 2020
- Decision dateMar 12, 2020
Cite For
- Denial of Security Clearance Due to Unauthorized Use of IT Systems Under Guideline M
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Consideration of the Whole-person Concept in Security Clearance Decisions