Summary
A 36-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) due to concerns about her judgment and trustworthiness. The Statement of Reasons detailed two primary issues. First, the applicant was terminated from one job after submitting an application falsely claiming possession of a bachelor's degree. Second, she resigned from another position in lieu of termination after taking and photocopying personal documents belonging to a colleague.
These actions raised disqualifying conditions related to questionable judgment and a lack of compliance with rules. The judge noted that photocopying personal documents demonstrated poor judgment and created vulnerabilities to exploitation, impacting her reliability.
While the applicant expressed remorse and underwent counseling, and mitigating conditions were considered, the judge ultimately found these actions did not sufficiently resolve lingering doubts about her judgment and thought processes. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's actions in photocopying personal documents from a partner's office demonstrated questionable judgment and a lack of compliance with rules and regulations.
- The applicant's conduct created vulnerabilities to exploitation and manipulation, raising concerns about her reliability and trustworthiness.
- Despite mitigating factors, lingering doubts about the applicant's judgment and thought processes led to a denial of security clearance.
Conditions Referenced
- AG ¶ 16(d)appliedCredible Adverse Information
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability
- AG ¶ 17(c)rejectedMinor Offense or Unique CircumstancesThe judge found that the applicant's conduct continued to cast doubt on her reliability.
- AG ¶ 17(d)appliedAcknowledgment and CounselingThe applicant expressed remorse and received counseling, but it was insufficient to mitigate concerns.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe judge maintained concerns about the applicant's judgment despite her claims of taking positive steps.
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 issuedMay 9, 2017
- Answer filedJul 13, 2017
- Hearing heldMar 23, 2018Rescheduled from March 22, 2018.
- Decision dateJul 26, 2018
Cite For
- Evaluation of Personal Conduct Under Guideline E
- Impact of Questionable Judgment on Security Clearance Eligibility
- Consideration of Mitigating Factors in Personal Conduct Cases