Summary
A senior engineer with military service was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and M (Misuse of Information Technology Systems). The denial stemmed from a long-standing pornography addiction and the misuse of government computers for viewing pornography. Disqualifying conditions AG D.2, AG E.2, and AG M.2 were raised.
The applicant's history included sexual misconduct such as public masturbation and the use of prostitutes. He knowingly violated government computer policies by viewing pornography on official systems. While the applicant claimed rehabilitation and attended support groups, these efforts were deemed insufficient to mitigate the security concerns.
The Board found that the applicant continued to engage in problematic behavior up to the hearing date, which undermined his claims of reform. Consequently, the mitigating conditions AG D.3, AG E.3, and AG M.3 were not applied effectively, leading to the denial of his appeal and the security clearance.
Conditions Referenced
- AG D.2raisedSexual Behavior That Involves a Criminal Offense, Indicates a Personality or Emotional Disorder, Reflects Lack of Judgment or Discretion, or Which May Subject the Individual to Undue Influence or Coercion, Exploitation, or Duress Can Raise Questions About an Individual’s Reliability, Trustworthiness and Ability to Protect Classified Information.
- AG E.2raisedA History of Criminal Activity Raises Questions About an Individual's Judgment, Reliability, and Trustworthiness.
- AG M.2raisedThe Misuse of Information Technology Systems Raises Questions About an Individual's Judgment, Reliability, and Trustworthiness.
- AG D.3rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress.The applicant's efforts at rehabilitation were deemed insufficient given the ongoing nature of his problematic behavior.
- AG E.3rejectedThe Individual Has Acknowledged Responsibility for the Conduct, Has Taken Steps to Mitigate the Risk of Future Misconduct, and Has Demonstrated a Commitment to Change.The applicant's acknowledgment of his issues did not sufficiently mitigate the security concerns.
- AG M.3rejectedThe Misuse of Information Technology Systems Was Isolated or Infrequent, and There Is No Evidence of a Continuing Pattern of Misuse.The applicant's history of repeated misuse of government computers undermined this mitigating condition.
Key Rule Quoted
“Even conduct that is not illegal may, under the facts of a particular case, reflect an emotional disorder or deficiency in judgment or discretion.”
Procedural Posture
- SOR issuedMay 29, 2007
- Answer filed—
- Hearing heldDec 28, 2007
- Decision dateMay 28, 2008
Cite For
- Denial of Security Clearance Based on a History of Sexual Behavior and Misuse of Information Technology Systems
- Insufficient Evidence of Rehabilitation to Mitigate Security Concerns
- Impact of Personal Conduct on Security Clearance Eligibility Under Guidelines D, E, and M.