Summary
A 50-year-old systems engineer with a prior security clearance history was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology). The applicant engaged in sexually graphic instant messaging on a government computer during work hours from 2003 to August 2004. He also stored nude photographs of himself on his home computer, transferred them to a disk, loaded the disk onto his work computer, and sent them to others, in addition to receiving nude photographs on his government computer.
Further concerns included the applicant's visits to prostitutes from approximately 1985 to 1989, and the fact that his spouse was unaware of his computer sexual activities or involvement with prostitutes. His SCI access had previously been revoked in December 2005 for misuse of information technology systems and personal conduct.
The judge denied the application, citing the applicant's engagement in sexually graphic conversations and the sharing of nude photographs on a government computer. The decision highlighted that the applicant's history of sexual misconduct raised questions about his reliability and trustworthiness, concluding that there was a lack of rehabilitation and an ongoing vulnerability to coercion.
Why the applicant was denied
- The applicant engaged in sexually graphic conversations on a government computer during work hours.
- He stored and shared nude photographs of himself on his government computer.
- The applicant's history of sexual misconduct raised questions about his reliability and trustworthiness.
Conditions referenced
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature That Reflects Lack of Discretion
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has PassedThe applicant's behavior was frequent and cast doubt on his reliability.
- AG ¶ 17(d)rejectedAcknowledged Behavior and Obtained CounselingThe applicant has not received any counseling or treatment.
- AG ¶ 17(e)rejectedPositive Steps to Reduce Vulnerability to ExploitationThe applicant's family remains unaware of his conduct, leaving him vulnerable.
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural posture
- SOR issuedAug 26, 2008
- Answer filedSep 24, 2008
- Hearing heldJan 12, 2009
- Decision dateFeb 17, 2009
Cite for
- Denial Based on Inappropriate Use of Government Technology Under Guideline M
- Security Concerns Arising From Personal Conduct Under Guideline E
- Vulnerability to Coercion Due to Undisclosed Sexual Behavior Under Guideline D