Summary
A 32-year-old software engineer, employed by a defense contractor, was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology Systems). The allegations stemmed from the applicant's past misuse of his employer's computer system. Specifically, he was found to have manipulated software to create a secure 'tunnel' to his home computer, bypassing the company’s firewall and accessing prohibited websites. This conduct raised disqualifying conditions under Adjudicative Guidelines paragraphs 40(b), 40(e), and 15.
However, the judge applied mitigating conditions under Adjudicative Guidelines paragraphs 41(a) and 17(c). The decision to grant the clearance was based on several factors. The applicant demonstrated a clear understanding of the seriousness of his past misconduct and has not engaged in similar conduct since his resignation from the company where the incidents occurred.
Crucially, four years have elapsed since the applicant's last known misuse of information technology systems, and he has taken steps to improve his behavior and committed to security practices.
Why the Applicant Prevailed
- The applicant demonstrated a clear understanding of the seriousness of his past misconduct.
- Four years have elapsed since the applicant's last known misuse of information technology systems.
- The applicant has not engaged in similar conduct since his resignation and has taken steps to improve his behavior.
Conditions Referenced
- AG ¶ 40(b)raisedUnauthorized Modification or Manipulation of Access to Information Software, Firmware, or Hardware in an Information System Technology
- AG ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- AG ¶ 15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 13, 2011
- Answer filed—Applicant requested a decision without a hearing.
- Hearing held—No hearing was held.
- Decision dateJun 29, 2011
Cite For
- Mitigating Conditions Under Guideline M for Elapsed Time Since Misconduct
- Consideration of Personal Circumstances Affecting Past Behavior
- Whole-person Assessment in Security Clearance Evaluations