Summary
A 58-year-old senior principal network engineer was denied a security clearance under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The denial stemmed from allegations that the applicant resigned from his employment in lieu of termination after improperly using a proxy server to access personal web email and mischarging labor hours to a client.
The judge found that the applicant's unauthorized use of a proxy server to access personal email and operate a private business during work hours constituted serious breaches of trust. These actions raised disqualifying conditions under Guideline E, specifically concerning questionable judgment, untrustworthiness, and a pattern of dishonest conduct.
Despite the applicant acknowledging wrongdoing, the judge determined that the conduct, which occurred frequently over several months and not under unique circumstances, was not sufficiently mitigated by the passage of time or positive changes. Consequently, the applicant's security clearance was denied.
Why the Applicant Was Denied
- The applicant's use of a proxy server to access personal email and operate a private business during work hours constituted serious breaches of trust.
- The applicant's conduct was not mitigated by the passage of time, as it occurred frequently over several months and was not under unique circumstances.
- The applicant's acknowledgment of wrongdoing did not sufficiently demonstrate rehabilitation or a change in behavior.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information
- AG ¶ 16(d)appliedCredible Adverse Information Not Covered Under Other Guidelines
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe judge found that the applicant's conduct was serious and frequent, thus not minor or unlikely to recur.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and Positive StepsWhile the applicant acknowledged his behavior, it did not sufficiently demonstrate that he would not misuse employer resources again.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's actions did not sufficiently mitigate the risk of future misconduct.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedSep 4, 2012
- Answer filedSep 27, 2012
- Hearing heldMay 2, 2013
- Decision dateAug 15, 2013Decision on remand.
Cite For
- Serious Breaches of Trust Under Guideline E
- Impact of Personal Conduct on Security Clearance Eligibility
- Evaluation of Mitigating Conditions in Security Clearance Cases