Summary
A 56-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The applicant faced allegations of violating managerial directives by instructing a co-worker to modify network access, preventing government employees from system access. Further issues included deleting 1,800 emails and 14,000 files from a government laptop and removable media, and improperly using U.S. Government resources.
The applicant and a co-worker were also found to have bypassed system safeguards to eavesdrop on a telephone conference call, forced a government employee off a call, and recorded government employees without their knowledge or consent. Additionally, the applicant provided untruthful answers on his Questionnaire for National Security Positions.
While the judge found that the applicant mitigated some concerns related to information technology systems, he failed to mitigate the personal conduct issues. The denial was based on the applicant's unauthorized access to government systems, including file deletion and eavesdropping, failure to follow proper procedures for handling government resources, and untruthful statements on his security clearance application.
Why the Applicant Was Denied
- The applicant engaged in unauthorized access to government systems, including deleting files and eavesdropping on calls.
- He failed to follow proper procedures for handling government resources and did not provide truthful answers on his security clearance application.
Conditions Referenced
- E2.araisedDeliberate Omission, Concealment, or Misrepresentation of Material Facts
- E2.cappliedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- M1.araisedUnauthorized Use of Information Technology Systems
- M1.braisedDeliberate Destruction or Manipulation of Information Technology Systems
- E3.arejectedThe Individual Did Not Commit the Acts in Question
- E3.crejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Future Misconduct
- M2.arejectedThe Individual Has Demonstrated a Good Faith Effort to Comply with Rules and Regulations
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedNov 20, 2012
- Answer filedDec 20, 2012
- Hearing heldMay 30, 2013
- Decision dateJul 12, 2013
Cite For
- Denial of Security Clearance Due to Personal Conduct Issues
- Impact of Unauthorized Access and Deletion of Government Files on Security Clearance
- Failure to Provide Truthful Information in Security Clearance Applications