ISCR Case 07-16355.h1

Case Headnote

ISCR Case No. 07-16355.h1

deniedJun 30, 2010· Hon. Marc E. Curry· hearing

Summary

A 43-year-old engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The applicant engaged in several questionable activities, including viewing pornography on a company-issued computer and falsifying work hours on a government contract.

Specifically, the applicant admitted to filing an insurance claim that included items not actually stolen, at his father's suggestion. From 1998 to 2006, he spent approximately 10 to 20 minutes daily viewing pornography on his work computer, an activity prohibited by company policy, and from 2003 to 2006, he knowingly continued this practice. During his work on a government contract between 2003 and 2006, he billed the government for time spent on non-work activities, including "goofing off," internet surfing, video games, and viewing pornography. Additionally, the applicant occasionally drove after drinking too much alcohol, with the last instance in 2006, and left the scene of an accident without providing contact information.

While the applicant had not engaged in misconduct for four years, the judge found that he failed to mitigate the concerns raised by his history of dishonesty, time card fraud, and policy violations regarding computer use. Consequently, his security clearance was denied.

Why the Applicant Was Denied

The applicant engaged in time card fraud by billing the government for time not worked.
He viewed pornography on a work-issued computer, violating company policy.
The applicant's history of dishonesty, including leaving the scene of accidents, raised concerns about his reliability.

Conditions Referenced

Disqualifying

AG ¶ 16(c)appliedCredible Adverse Information
AG ¶ 40(e)appliedUnauthorized Use of a Government or Other Information Technology System

Mitigating

AG ¶ 17(c)rejectedMinor Offense or Unique CircumstancesThe judge did not assign much weight to the 1989 false insurance claim due to the applicant's age and circumstances.
AG ¶ 41(a)appliedTime Elapsed Since BehaviorThe applicant had not engaged in misconduct in four years.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedMar 11, 2009
Answer filedApr 7, 2009Applicant admitted some allegations.
Hearing held—Applicant requested an administrative determination.
Decision dateJun 30, 2010

Cite For

Security Concerns Related to Personal Conduct Under Guideline E
Misuse of Information Technology Systems Under Guideline M
Whole-person Assessment 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
1.a	Applicant filed an insurance claim to receive cash reimbursement for several personal belongings that were stolen. His father, who was the insurance policy holder, told him to list personal items on the claim that were not actually in the car when the burglary occurred.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
1.b	Between 1998 and 2006, Applicant spent approximately 10 to 20 minutes each day viewing pornography on his company-issued computer. Company policy prohibited employees from uploading, downloading, creating, distributing or otherwise transmitting sexually explicit materials.	Against Applicant	Rules Violation at Workplace	—	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.c	From 2003 to 2006, Applicant worked on a government contract. During this time, he sometimes billed the government agency for time he spent 'goof[ing] off with coworkers, surfing the Internet, and playing video games' instead of working on the contract.	Against Applicant	Falsification of Employment or Other Records	—	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.d	Some of the time, Applicant inappropriately billed to the government contract time he spent looking at pornography on the company-issued computer.	Against Applicant	Falsification of Employment or Other Records	—	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.e	Over the years, Applicant has occasionally driven his car after drinking too much alcohol. The last time he drank too much alcohol before driving was in 2006.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
1.f	Applicant left the scene of the accident without leaving any contact information with the car owner.	Against Applicant	Rules Violation at Workplace	—	Denied	—	—	—
1.g	Applicant has not engaged in any episodes of misconduct in four years.	Against Applicant	Unspecified Personal Conduct	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant filed an insurance claim to receive cash reimbursement for several personal belongings that were stolen. His father, who was the insurance policy holder, told him to list personal items on the claim that were not actually in the car when the burglary occurred.

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

1.b

Between 1998 and 2006, Applicant spent approximately 10 to 20 minutes each day viewing pornography on his company-issued computer. Company policy prohibited employees from uploading, downloading, creating, distributing or otherwise transmitting sexually explicit materials.

Against Applicant

Rules Violation at Workplace

—

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.c

From 2003 to 2006, Applicant worked on a government contract. During this time, he sometimes billed the government agency for time he spent 'goof[ing] off with coworkers, surfing the Internet, and playing video games' instead of working on the contract.

Against Applicant

Falsification of Employment or Other Records

—

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.d

Some of the time, Applicant inappropriately billed to the government contract time he spent looking at pornography on the company-issued computer.

Against Applicant

Falsification of Employment or Other Records

—

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.e

Over the years, Applicant has occasionally driven his car after drinking too much alcohol. The last time he drank too much alcohol before driving was in 2006.

Against Applicant

Questionable Judgment General

—

Denied

—

1.f

Applicant left the scene of the accident without leaving any contact information with the car owner.

Against Applicant

Rules Violation at Workplace

—

Denied

—

1.g

Applicant has not engaged in any episodes of misconduct in four years.

Against Applicant

Unspecified Personal Conduct

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
2.a	Applicant viewed pornography on a work-issued computer approximately ten minutes per day from 1998 to 2006. From 2003 to 2006, he engaged in this activity knowing that it was against company policy.	For Applicant	Pornography or Inappropriate Content on System	Admitted	(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 …	Credited Time Elapsed Since Behavior

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

2.a

Applicant viewed pornography on a work-issued computer approximately ten minutes per day from 1998 to 2006. From 2003 to 2006, he engaged in this activity knowing that it was against company policy.

For Applicant

Pornography or Inappropriate Content on System

Admitted

(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 …

Credited

Time Elapsed Since Behavior

Loading case…

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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION