ISCR Case 08-00162.h1

Case Headnote

ISCR Case No. 08-00162.h1

deniedJul 1, 2008· Hon. Thomas M. Crean· hearing

Summary

A 35-year-old security consultant for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The applicant was found to have accessed, viewed, and downloaded pornographic material on a company computer, violating company policy. This conduct, particularly as a facility security officer, raised significant doubts about his trustworthiness and reliability.

Additional concerns included the applicant's admitted marijuana use approximately 20 times between September 1996 and December 2000, though he has not used it since January 2003. He also failed to file a state income tax return for 1998, which he later discovered was due to an oversight, and subsequently filed the return, paid penalties, and resolved the debt.

Ultimately, the judge determined that the applicant's serious breach of company policy regarding the misuse of information technology was not sufficiently mitigated by his past marijuana use or the resolved tax issue. The applicant's conduct demonstrated a serious lack of judgment and compliance with security protocols, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant accessed, viewed, and downloaded pornographic material on a company computer in violation of company policy.
The applicant's conduct as a facility security officer demonstrated a serious lack of judgment and compliance with security protocols.
The applicant's past marijuana use and failure to file a state tax return were not sufficient to mitigate the serious concerns raised by his misuse of information technology.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information That May Not Be Sufficient by Itself for an Adverse Determination
AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
AG ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System

Mitigating

AG ¶ 17(c)rejectedThe Offense Is so Minor or Infrequent That It Is Unlikely to Recur
AG ¶ 19(e)rejectedThe Individual Has Taken Positive Steps to Reduce Vulnerability to Exploitation

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 issuedJun 3, 2009
Answer filedJun 24, 2009Applicant elected to have the matter decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateSep 21, 2009

Cite For

Serious Breach of Company Policy Under Guideline M
Impact of Personal Conduct on Security Clearance Eligibility
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	Applicant's downloading of pornographic material in violation of company policy raises Personal Conduct Disqualifying Conditions (PC DC) AG ¶ 16(c) (credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any single guideline, but which, when considered as a whole, supports a whole-person assessment of questionable judgment, untrustworthiness, unreliability, lack of candor, unwillingness to comply with rules and regulations, or other characteristics indicating that the person may not properly safe guard protected information)	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.b	Applicant admitted using marijuana about 20 times from September 1996 until December 2000. Applicant was in his early 20s at the time. He has not used marijuana since January 2003, and regrets the use of marijuana while he was a young man.	For Applicant	Questionable Judgment GeneralNOT DELIBERATE	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Credited Abstinence Period Documented
2.c	Applicant admitted that he failed to file a state income return for tax year 1998. Applicant completed his federal and state tax returns as normal. He thought he had mailed both forms. He received a federal tax refund and thought he had received his state tax refund. When he was advised by the state that he had not filed the return, he looked for his return to verify it had been filed. Instead, he found his state tax return still in the envelope in the file ready for mailing. Applicant mailed his state tax return, paid the penalties, and the debt is resolved.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Financial Counseling

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant's downloading of pornographic material in violation of company policy raises Personal Conduct Disqualifying Conditions (PC DC) AG ¶ 16(c) (credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any single guideline, but which, when considered as a whole, supports a whole-person assessment of questionable judgment, untrustworthiness, unreliability, lack of candor, unwillingness to comply with rules and regulations, or other characteristics indicating that the person may not properly safe guard protected information)

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Admitted

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.b

Applicant admitted using marijuana about 20 times from September 1996 until December 2000. Applicant was in his early 20s at the time. He has not used marijuana since January 2003, and regrets the use of marijuana while he was a young man.

For Applicant

Questionable Judgment GeneralNOT DELIBERATE

—

Admitted

—

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

Credited

Abstinence Period Documented

2.c

Applicant admitted that he failed to file a state income return for tax year 1998. Applicant completed his federal and state tax returns as normal. He thought he had mailed both forms. He received a federal tax refund and thought he had received his state tax refund. When he was advised by the state that he had not filed the return, he looked for his return to verify it had been filed. Instead, he found his state tax return still in the envelope in the file ready for mailing. Applicant mailed his state tax return, paid the penalties, and the debt is resolved.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

—

Admitted

—

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

Claimed

Financial Counseling

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
1.a	Applicant's conduct in accessing, viewing, and downloading pornographic material on a company computer in violation of company policy raises Information Technology Disqualifying Condition (IT DC) ¶ 40(e) (unauthorized use of a government or other information technology system).	Against Applicant	Pornography or Inappropriate Content on System	Admitted	(e) unauthorized use of any information technology system	—	—

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

1.a

Applicant's conduct in accessing, viewing, and downloading pornographic material on a company computer in violation of company policy raises Information Technology Disqualifying Condition (IT DC) ¶ 40(e) (unauthorized use of a government or other information technology system).

Against Applicant

Pornography or Inappropriate Content on System

Admitted

(e) unauthorized use of any information technology system

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION