Summary
A 38-year-old telecom systems administrator for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology Systems). The Statement of Reasons alleged that between January 2008 and May 2011, the applicant intentionally accessed and misused unlocked coworker computers, violating company policy. Additionally, between April 2010 and May 2011, he allegedly misused his elevated administrator rights to read coworkers' text messages and emails, also in violation of company rules.
Disqualifying conditions under AG ¶ 40(a), AG ¶ 40(e), AG ¶ 16(c), AG ¶ 16(d), and AG ¶ 16(e) were raised. However, the judge applied mitigating conditions under AG ¶ 41(a), AG ¶ 41(b), AG ¶ 41(c), AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(e).
The clearance was granted because the applicant self-reported the unauthorized access and ceased the behavior over two years prior to the decision. His actions were deemed minor, not intended to be harmful or deceitful, and unlikely to recur. Furthermore, letters of recommendation attested to his trustworthiness and ethical conduct.
Why the Applicant Prevailed
- The applicant self-reported his unauthorized access and ceased the behavior over two years ago.
- The applicant's actions were deemed minor and not intended to be harmful or deceitful.
- Letters of recommendation highlighted the applicant's trustworthiness and ethical conduct.
Conditions Referenced
- AG ¶ 40(a)raisedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- AG ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- 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 ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened
- AG ¶ 41(b)appliedThe Misuse Was Minor and Done Only in the Interest of Organizational Efficiency
- AG ¶ 41(c)appliedThe Conduct Was Unintentional or Inadvertent
- AG ¶ 17(c)appliedThe Offense Is so Minor or so Much Time Has Passed
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Taken Positive Steps
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce Vulnerability
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 29, 2013
- Answer filedMay 16, 2012
- Hearing heldJul 30, 2013
- Decision dateAug 16, 2013
Cite For
- Mitigation of Personal Conduct Under Guideline E Due to Minor Infractions
- Application of Mitigating Conditions for Unauthorized IT System Access
- Whole-person Assessment in Security Clearance Determinations