Summary
A 47-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), J (Criminal Conduct), and M (Use of Information Technology). The denial stemmed from the applicant's past access of child pornography on a company computer, an act known to be against company policy and in violation of federal law. This behavior raised disqualifying conditions related to sexual behavior, criminal conduct, and the use of information technology, as well as personal conduct, reflecting questionable judgment and an unwillingness to comply with rules.
The Statement of Reasons detailed that the applicant viewed pornography, including child pornography, on his company computer, which he knew was against policy and federal law. This conduct was cited as reflecting a severe lack of judgment and creating vulnerability to coercion, exploitation, and duress. Additionally, the applicant's children, friends, family, and co-workers were unaware of his conduct, and he wished for them to remain so.
Despite the applicant seeking counseling from his pastor for his compulsion to view pornography, which was noted as a positive action, the judge ultimately found that the applicant's claims of remorse and counseling did not sufficiently mitigate the ongoing concerns about his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant accessed child pornography on a company computer, reflecting a severe lack of judgment.
- The applicant's conduct created vulnerability to coercion, exploitation, and duress.
- The applicant's claims of remorse and counseling did not sufficiently mitigate ongoing concerns about reliability and trustworthiness.
Conditions Referenced
- D.1.aappliedSexual Behavior of a Criminal Nature
- D.1.bappliedPattern of Compulsive Sexual Behavior
- J.1.bappliedEvidence of Criminal Conduct
- M.1.eappliedUnauthorized Use of Information Technology System
- E.1.cappliedCredible Adverse Information
- E.1.eappliedPersonal Conduct Creating Vulnerability to Exploitation
- D.2.crejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's past conduct continues to cast doubt on current reliability.
- D.2.erejectedSuccessful Completion of TreatmentWhile the applicant sought counseling, concerns about ongoing temptation remained.
- J.2.arejectedTime Elapsed Since Criminal BehaviorThe applicant's past criminal conduct continues to impact trustworthiness.
- M.2.arejectedTime Elapsed Since BehaviorThe applicant's past actions still raise concerns about reliability.
- E.2.drejectedAcknowledgment of Behavior and CounselingThe applicant's conduct continues to raise questions about judgment.
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 issuedJun 7, 2016
- Answer filedJun 27, 2016Applicant elected to proceed without a hearing.
- Hearing held—Case decided on written record.
- Decision dateOct 20, 2017
Cite For
- Denial of Security Clearance Due to Past Criminal Conduct Involving Child Pornography
- Impact of Personal Conduct on Security Clearance Eligibility
- Consideration of the Whole-person Concept in Security Clearance Decisions