Summary
A 28-year-old information assurance associate was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology Systems). The Statement of Reasons cited allegations of past illegal downloading of digital material and unauthorized access to computer systems. Specifically, these included unauthorized entry into IT systems, using IT systems for unauthorized access to other systems or compartments, and unauthorized introduction, removal, or duplication of hardware, firmware, software, or media.
Disqualifying conditions raised included AG ¶ 40(a), AG ¶ 40(c), AG ¶ 40(f), AG ¶ 16(e), and AG ¶ 16(c). However, the judge applied mitigating conditions AG ¶ 41(a), AG ¶ 17(c), and AG ¶ 17(d).
The decision to grant the clearance was based on several factors. The applicant demonstrated sincere remorse for his past actions and significant personal growth. He also received relevant training on ethical behavior and the proper handling of information technology systems. The judge concluded that the questionable behavior occurred in the past and was unlikely to recur, as the applicant had established a reputation for sound security practices.
Why the Applicant Prevailed
- The applicant expressed sincere remorse for past behavior and demonstrated significant personal growth.
- He received training on ethical behavior and the handling of information technology systems.
- The applicant's questionable behavior occurred in the past and is unlikely to recur, as he has established a reputation for sound security practices.
Conditions Referenced
- AG ¶ 40(a)raisedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- AG ¶ 40(c)raisedUse of Any Information Technology System to Gain Unauthorized Access to Another System
- AG ¶ 40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media Without Authorization
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 16(c)raisedCredible Adverse Information That Supports a Whole-person Assessment of Questionable Judgment
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened That It Is Unlikely to Recur
- AG ¶ 17(c)appliedThe Offense Is so Minor or so Much Time Has Passed That It Is Unlikely to Recur
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Taken Positive Steps to Alleviate the Circumstances
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJun 15, 2011
- Answer filedJul 11, 2010
- Hearing heldOct 25, 2011
- Decision dateNov 28, 2011
Cite For
- Mitigation of Security Concerns Under Guideline E and M Due to Personal Growth and Training
- The Impact of Time Elapsed on the Assessment of Past Conduct
- The Importance of Demonstrating Remorse and Understanding of Ethical Behavior in Security Clearance Cases.