Summary
A 43-year-old military retiree, married with two children and employed by a defense contractor, was granted a security clearance despite concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology). The Statement of Reasons alleged that in 2003, for a six-month period, the applicant accessed pornographic websites on his government computer during work hours.
The judge found that the applicant successfully mitigated the security concerns. Disqualifying conditions were raised under the guidelines for personal conduct, sexual behavior, and misuse of information technology. However, mitigating conditions were applied, leading to a favorable outcome.
The clearance was granted because the applicant demonstrated two years of exceptional performance in his current job without any recurrence of the past conduct. Both his former and current employers provided positive evaluations, confirming no issues since the incident. Additionally, the applicant took positive steps to address vulnerabilities related to his past behavior.
Why the applicant prevailed
- Applicant demonstrated two years of exceptional performance at his current job without any repeat of past conduct.
- The applicant's former and current employers provided positive evaluations of his work, indicating no issues since the incident.
- The applicant took positive steps to mitigate vulnerabilities related to his past behavior.
Conditions referenced
- E2.A13.1.2.3raisedDC 3: Use of Hardware, Software or Media From Any Information Technology System Without Authorization, When Specifically Prohibited by Rules, Procedures, Guidelines or Regulations.
- E2.A5.1.2.1raisedDC 1: Reliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.2.4raisedDC 4: Personal Conduct That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.
- E2.A5.1.2.5raisedDC 5: A Pattern of Dishonesty or Rule Violations.
- E2.A4.1.2.3raisedDC 3: Sexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- E2.A4.1.2.4raisedDC 4: Sexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment.
- E2.A13.1.3.1appliedMC 1: the Misuse Was Not Recent or Significant.
- E2.A5.1.3.5appliedMC 5: the Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.
- E2.A4.1.3.2appliedMC 2: the Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature.
- E2.A4.1.3.3appliedMC 3: There Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability.
- E2.A4.1.3.4appliedMC 4: the Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedJul 21, 2005
- Answer filedAug 8, 2005Applicant requested decision on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateFeb 13, 2006
Cite for
- Mitigation of Security Concerns Related to Misuse of Information Technology Systems Under Guideline M
- Positive Employment History as a Mitigating Factor in Personal Conduct Cases Under Guideline E
- Consideration of Past Behavior and Current Performance in Sexual Behavior Cases Under Guideline D.