ISCR Case 16-03180.h1

Case Headnote

ISCR Case No. 16-03180.h1

deniedDec 18, 2017· Hon. LeRoy F. Foreman· hearing

Summary

A 35-year-old information technology systems administrator was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The case involved an April Fools' Day prank where the applicant, using his system administrator privileges, accessed co-workers' computers to open their CD-ROM trays. He then took photographs of himself, his monitor displaying the command used for the prank, and other items at the worksite, subsequently posting these images on social media, violating the employer's photography policy.

During the security clearance process, the applicant failed to disclose the prank on his application and during his security interview, answering "No" when asked if he had illegally accessed any information technology system. These actions led to allegations of falsifying his application and a lack of candor.

While the judge found the misuse of information technology to be mitigated due to its isolated nature, the applicant's repeated lack of candor was not mitigated. The applicant only disclosed the prank when confronted with evidence, and his falsifications were deemed to have undermined the security clearance process. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant's lack of candor during the security clearance process was not mitigated.
The applicant failed to disclose his April Fools' Day prank until confronted with evidence.
The applicant's falsifications undermined the security clearance process and occurred on multiple occasions.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 41(a)appliedTime Elapsed Since Behavior
AG ¶ 41(b)rejectedMisuse Was Minor and Done in Interest of Organizational EfficiencyThe prank was not done for organizational efficiency.
AG ¶ 17(c)appliedBehavior Unlikely to Recur

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedDec 6, 2016
Answer filedJan 9, 2016Requested decision on the record without a hearing.
Hearing held—No hearing; decision made on the record.
Decision dateDec 18, 2017

Cite For

Lack of Candor as a Disqualifying Factor Under Guideline E
Mitigation of Minor Violations Under Guideline M
Consideration of the Whole-person Concept in Security Clearance Determinations

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Violation of the AGA’s photography policy by taking unauthorized photographs at the work site.	For Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	Failure to disclose the April Fools’ Day prank during the security clearance application process.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.c	Falsification of the security clearance application by answering 'No' to whether he had illegally accessed any information technology system.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	Failure to disclose the April Fools’ Day prank during the security interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Violation of the AGA’s photography policy by taking unauthorized photographs at the work site.

For Applicant

Rules Violation at Workplace

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

2.b

Failure to disclose the April Fools’ Day prank during the security clearance application process.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

2.c

Falsification of the security clearance application by answering 'No' to whether he had illegally accessed any information technology system.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

2.d

Failure to disclose the April Fools’ Day prank during the security interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
1.a	Applicant used his privileges as a system administrator to use his employer’s computer to gain access to co-workers’ computers and open their CD-ROM trays as an April Fools’ Day prank.	For Applicant	Unauthorized Use of System	Admitted	(a) unauthorized entry into any information technology system (c) use of any IT system to gain unauthorized access to another system or to a compartmented area within the same system (e) unauthorized use of any information technology system	(a) so much time has elapsed since the behavior, or it happened under such unusual circumstances, that it is unlikely to recur and does not cast doubt on …	Claimed Other
1.b	Applicant took pictures of himself, his computer monitor displaying the command he used for the prank, as well as other random items at his work site, and he posted them on social media.	For Applicant	Unauthorized Use of System	Admitted	(a) unauthorized entry into any information technology system (c) use of any IT system to gain unauthorized access to another system or to a compartmented area within the same system (e) unauthorized use of any information technology system	(a) so much time has elapsed since the behavior, or it happened under such unusual circumstances, that it is unlikely to recur and does not cast doubt on …	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

1.a

Applicant used his privileges as a system administrator to use his employer’s computer to gain access to co-workers’ computers and open their CD-ROM trays as an April Fools’ Day prank.

For Applicant

Unauthorized Use of System

Admitted

(a) unauthorized entry into any information technology system

(c) use of any IT system to gain unauthorized access to another system or to a compartmented area within the same system

(e) unauthorized use of any information technology system

(a) so much time has elapsed since the behavior, or it happened under such unusual circumstances, that it is unlikely to recur and does not cast doubt on …

Claimed

Other

1.b

Applicant took pictures of himself, his computer monitor displaying the command he used for the prank, as well as other random items at his work site, and he posted them on social media.

For Applicant

Unauthorized Use of System

Admitted

(a) unauthorized entry into any information technology system

(c) use of any IT system to gain unauthorized access to another system or to a compartmented area within the same system

(e) unauthorized use of any information technology system

(a) so much time has elapsed since the behavior, or it happened under such unusual circumstances, that it is unlikely to recur and does not cast doubt on …

Claimed

Other

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES