Summary
A 47-year-old senior network engineer with a history of security clearances was denied a security clearance under Guideline E (Personal Conduct). The denial stemmed from allegations that the applicant was terminated on June 15, 2000, for unspecified company policy violations. Further allegations included downloading pornographic material onto a company computer and using a company credit card to pay for such downloads between April 1995 and June 2000. Additionally, the applicant was alleged to have used a company credit card in 1999 or 2000 to fund travel for a subordinate, Jane Doe, for out-of-town company business when she had no legitimate reason to accompany him.
The judge found that the applicant engaged in an extramarital affair with a subordinate employee, which led to his termination for favoritism, dishonesty, and misuse of company resources. The applicant's denials of the affair were deemed not credible.
While Mitigating Condition 5 was applied, the judge ultimately concluded that the applicant failed to mitigate the security concerns raised by Disqualifying Conditions 1, 4, and 5. The clearance was therefore denied.
Why the Applicant Was Denied
- The applicant engaged in an extramarital affair with a subordinate employee.
- The applicant was terminated for showing favoritism and lying about the affair.
- The applicant misused company resources to facilitate the affair.
Conditions Referenced
- DC 1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress.
- DC 5raisedA Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Between the Individual and the Agency.
- MC 5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.The incident occurred approximately six years ago and has not recurred.
Key Rule Quoted
“The decision to deny a person a security clearance is not a determination of an applicant's loyalty. Instead, it is a determination that the applicant has not met the strict guidelines the President has established for granting a clearance.”
Procedural Posture
- SOR issuedOct 21, 2005
- Answer filedNov 8, 2005
- Hearing heldMar 8, 2006
- Decision dateAug 9, 2006
Cite For
- Personal Conduct Security Concerns Under Guideline E
- Credibility of Applicant's Denials Regarding Extramarital Affairs
- Misuse of Company Resources as a Disqualifying Factor