Summary
A 52-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The Statement of Reasons detailed multiple instances of inappropriate behavior, including suggestive comments to female employees, which led to a counseling letter and a proposed suspension for sexual harassment and causing a disturbance. A Commander’s Inquiry also found the applicant culpable for giving three female employees unwanted attention with sexually-themed comments.
Additionally, under Guideline M, the applicant used another employee’s Common Access Card (CAC) and Personal Identification Number (PIN) to complete a course for that employee. These actions raised disqualifying conditions related to personal conduct and the use of information technology.
The administrative judge determined that the applicant did not mitigate these concerns. The denial was based on the applicant's history of inappropriate behavior and sexual harassment, which raised significant doubts about his reliability and trustworthiness. His unauthorized use of another employee's CAC and PIN demonstrated poor judgment and non-compliance with IT regulations. Furthermore, the applicant's failure to acknowledge and take responsibility for past misconduct undermined any claims of rehabilitation, leading to the denial of security clearance eligibility.
Why the Applicant Was Denied
- The applicant's history of inappropriate behavior and sexual harassment raised significant concerns about his reliability and trustworthiness.
- The applicant's use of another employee's CAC and PIN to take a test demonstrated a lack of judgment and compliance with information technology regulations.
- The applicant's failure to acknowledge and take responsibility for past misconduct undermined any claims of rehabilitation.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(d)appliedCredible Adverse Information
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 41(a)appliedUnauthorized Entry Into Any Information Technology System
- AG ¶ 41(e)appliedUnauthorized Use of Any Information Technology System
Procedural Posture
- SOR issuedFeb 17, 2022
- Answer filedMar 14, 2022
- Hearing heldDec 8, 2022
- Decision dateMar 21, 2023
Cite For
- Denial of Security Clearance Due to Personal Conduct Under Guideline E
- Denial of Security Clearance Due to Misuse of Information Technology Under Guideline M
- Importance of Credibility and Acknowledgment of Past Misconduct in Security Clearance Evaluations