Summary
The applicant, a 38-year-old information assurance security manager with a military background, faced security clearance denial due to issues under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline M (Information Technology Systems). The denial was primarily based on his prior termination for improper use of government computers, including unauthorized software installation and accessing pornographic material, as well as a history of delinquent debts.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline M (Use of Information Technology), the Statement of Reasons alleged the following: Applicant was terminated by a previous employer for failure to comply with rules, procedure, guidelines, and regulations pertaining to information technology systems for use of Government furnished computers, adding unauthorized software to Government owned computer systems, accessing, viewing, and storing pornographic material on a Government furnished computer, and attempting to cover-up his improper use of the computer equipment (2.a). medical delinquent debts of $440 (3.a). medical delinquent debts of $777 (3.b). medical delinquent debts of $122 (3.c). medical delinquent debts of $79 (3.d). medical delinquent debts of $15 (3.e). medical delinquent debts of $62 (3.f). medical delinquent debts of $23 (3.g). medical delinquent debts of $132 (3.h). medical delinquent debts of $30 (3.i). medical delinquent debts of $30 (3.j). a credit account with a retail store charged off for $165 (3.k). a credit card debt charged off for $5,523 (3.l). a mortgage foreclosure for $308,000 (3.m). Applicant was terminated by a previous employer for failure to comply with rules, procedure, guidelines, and regulations pertaining to information technology systems for use of Government furnished computers, adding unauthorized software to Government owned computer systems, accessing, viewing, and storing pornographic material on a Government furnished computer, and attempting to cover-up his improper use of the computer equipment (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(a). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b). The decision turned on the following: The applicant's testimony regarding the use of government computers was found not credible due to inconsistencies with prior statements; The applicant's history of delinquent debts raised concerns about his reliability and judgment; The applicant failed to demonstrate sufficient mitigating circumstances for his financial issues.
Why the Applicant Was Denied
- The applicant's testimony regarding the use of government computers was found not credible due to inconsistencies with prior statements.
- The applicant's history of delinquent debts raised concerns about his reliability and judgment.
- The applicant failed to demonstrate sufficient mitigating circumstances for his financial issues.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From the Security Clearance Process
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person's Control
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedMar 17, 2011
- Answer filedJun 21, 2011
- Hearing heldOct 19, 2011Assigned on the day of the hearing.
- Decision dateJan 13, 2012
Cite For
- Credibility of Applicant's Testimony Regarding Computer Use and Personal Conduct
- Impact of Financial Irresponsibility on Security Clearance Eligibility
- Importance of Consistent Disclosure During the Security Clearance Process