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ISCR Case 21-00528 — CASE

Case record

ISCR Case 21-00528

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date11/15/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 21-00528) →
Participants
Applicant Representation: Pro Se
Judge: Pamela C. Benson
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 51-year-old former operations manager for a government contractor, who had an extensive background in information technology and held a security clearance. The Defense Counterintelligence Security Agency issued a Statement of Reasons (SOR) citing security concerns under Guidelines M (Use of Information Technology), K (Handling Protected Information), and E (Personal Conduct). The allegations included unauthorized access to sensitive company data, allowing an outside vendor access to the network without proper approval, downloading proprietary information to a personal Dropbox account, and accessing inappropriate material on a work laptop.
During the proceedings, the applicant admitted to some allegations, such as having system administrator access and using it to allow a vendor to perform network assessments. However, he denied other allegations, including the unauthorized downloading of sensitive information and accessing pornography on his work laptop. The applicant claimed that his actions were in compliance with company policies and that he believed he had communicated his intentions to his superiors. Testimony from a government witness contradicted the applicant's claims regarding his access and actions.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns. The judge found that the applicant's admissions and the evidence presented demonstrated a disregard for established IT protocols and a lack of judgment in handling sensitive information, which raised significant doubts about his trustworthiness and reliability for access to classified information. Consequently, the applicant's request for security clearance was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline KHandling Protected Information · Against Applicant
- Guideline MUse of Information Technology · Against Applicant
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Case Headnote

ISCR Case No. 21-00528

deniedNov 15, 2023· Hon. Pamela C. Benson· hearing

Summary

A 51-year-old former Marine Corps staff sergeant with extensive IT experience was denied a security clearance due to concerns under Guidelines E (Personal Conduct), K (Handling Protected Information), and M (Use of Information Technology). The denial stemmed from serious violations, including unauthorized access to sensitive information, mishandling of protected data, and a refusal to follow direct orders.

Specifically, the applicant failed to mitigate security concerns related to his unauthorized access and data mishandling. His credibility was undermined by inconsistent statements regarding his access to system administrator rights. Furthermore, his actions demonstrated a pattern of unwillingness to adhere to rules and regulations.

The judge concluded that these actions raised significant concerns about the applicant's reliability and trustworthiness, leading to the denial of his security clearance. Disqualifying conditions cited included AG ¶ 16(c), AG ¶ 16(d), AG ¶ 34(b), AG ¶ 40(c), AG ¶ 40(d), and AG ¶ 40(e).

Why the Applicant Was Denied

The applicant failed to mitigate security concerns related to unauthorized access to sensitive information and mishandling of protected data.
The applicant's inconsistent statements regarding his access to system administrator rights undermined his credibility.
The applicant's actions demonstrated a pattern of unwillingness to follow rules and regulations, raising doubts about his trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)appliedCredible Adverse Information That Supports a Whole-person Assessment of Questionable Judgment
AG ¶ 34(b)appliedCollecting or Storing Protected Information in Any Unauthorized Location
AG ¶ 40(c)appliedUse of Any Information Technology System to Gain Unauthorized Access
AG ¶ 40(d)appliedDownloading, Storing, or Transmitting Classified or Sensitive Information on Unauthorized Systems
AG ¶ 40(e)appliedUnauthorized Use of Any Information Technology System

Procedural Posture

SOR issuedJan 18, 2023
Answer filedFeb 1, 2023
Hearing heldAug 8, 2023via MS Teams
Decision dateNov 15, 2023

Cite For

Denial of Security Clearance Due to Unauthorized Access and Mishandling of Sensitive Information
Credibility Issues Arising From Inconsistent Statements
Serious Implications of Personal Conduct on National Security Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.