Summary
A 52-year-old retired U.S. Army colonel and defense contractor director was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from repeated unauthorized access to pornographic websites on a government-issued laptop between 1998 and 2000, in violation of government regulations. The applicant also installed unauthorized internet software on the device.
Despite being counseled on two occasions to cease this activity, the applicant continued to access the prohibited websites. Furthermore, in December 2001, he provided a false sworn statement, claiming he had stopped accessing pornographic websites after his initial counseling. The full extent of his computer misuse was not disclosed until a polygraph interview.
In October 2003, a federal agency denied his request for SCI access due to these falsifications. The judge ultimately found that the applicant's actions demonstrated a lack of judgment and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant accessed pornographic websites on his government-issued laptop multiple times from 1998 to 2000, violating government policies.
- Applicant continued accessing these websites after being counseled on two occasions to stop.
- Applicant provided a false sworn statement in December 2001 regarding his computer misuse, claiming he had stopped accessing such sites after his first counseling.
Conditions Referenced
- E2.A13.1.2.1raisedIllegal or Unauthorized Entry Into Any Information Technology System
- E2.A13.1.2.3raisedRemoval (or Use) of Hardware, Software or Media From Any Information Technology System Without Authorization
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
Key Rule Quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural Posture
- SOR issuedDec 4, 2003
- Answer filedJan 13, 2004Requested decision without hearing.
- Hearing held—Applicant did not respond to the FORM.
- Decision dateApr 10, 2006
Cite For
- Denial of Security Clearance Due to Repeated Misuse of Government IT Systems
- False Statements Regarding Personal Conduct in Security Clearance Cases
- Lack of Mitigating Conditions for Personal Conduct Violations