ISCR Case 05-06924.h1

Case Headnote

ISCR Case No. 05-06924.h1

deniedOct 31, 2006· Hon. Joan Caton Anthony· hearing

Summary

A 33-year-old aerospace engineer was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from the applicant's misuse of his employer's computers to access sexually explicit websites, a violation of company policy. This unauthorized activity occurred repeatedly over several weeks during work hours, leading to his termination from Employer A. The applicant also mischarged his labor time while engaging in these non-work-related activities, which was prohibited by company rules.

The Statement of Reasons alleged that this misuse demonstrated questionable judgment, untrustworthiness, unreliability, and a lack of candor, suggesting he might not properly safeguard classified information. Although the applicant was diagnosed with Major Depressive Disorder and received treatment, he continued to access pornography on personal devices.

The security clearance was denied because the applicant knowingly and deliberately misused his employer's computers, violating company policy. His continued access to pornography on personal devices, even after his termination and diagnosis, indicated a lack of control and raised ongoing security concerns regarding his judgment and reliability.

Why the Applicant Was Denied

Applicant misused employer's computers to access pornographic websites, violating company policy.
Applicant's conduct was knowing and deliberate, occurring repeatedly over several weeks.
Applicant's continued access to pornography on personal devices indicated a lack of control and raised security concerns.

Conditions Referenced

Disqualifying

E2.A5.1.2.1raisedReliable, Unfavorable Information About the Applicant's Conduct
E2.A5.1.2.4raisedConduct That Increases Vulnerability to Coercion, Exploitation, or Duress
E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations
E2.A13.1.2.1raisedKnowing and Deliberate Misuse of Information Technology Systems

Mitigating

E2.A5.1.3.1rejectedThe Information About the Applicant's Conduct Is Not Reliable
E2.A5.1.3.5rejectedThe Misuse Was Followed by a Prompt, Good Faith Effort to Correct the Situation
E2.A13.1.3.1rejectedThe Misuse Was Not Recent or Significant
E2.A13.1.3.2rejectedThe Conduct Was Unintentional or Inadvertent
E2.A13.1.3.4rejectedThe Misuse Was an Isolated Event

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedNov 4, 2005
Answer filedNov 28, 2005
Hearing heldSep 22, 2006
Decision dateOct 31, 2006

Cite For

Misuse of Employer's Information Technology Systems Under Guideline M
Personal Conduct Reflecting Untrustworthiness Under Guideline E
Impact of Mental Health Issues on Security Clearance Evaluations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant misused his employer's information technology system as alleged in ¶ 1.a. and that the misuse reflected questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty or unwillingness to comply with rules and regulations and further suggested Applicant may not properly safeguard classified information.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant misused his employer's information technology system as alleged in ¶ 1.a. and that the misuse reflected questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty or unwillingness to comply with rules and regulations and further suggested Applicant may not properly safeguard classified information.

Against Applicant

Questionable Judgment General

—

Admitted

(b) deliberately providing false information to an investigator or official

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
1.a	Applicant was fired from his job with Employer A after an investigation revealed he had accessed sexually explicit internet sites without authorization on two of his employer's computers, knowing that such access was non-work related, restricted, and inappropriate. Additionally, Applicant mischarged his labor time while performing these unauthorized activities during normal work hours, conduct that was specifically prohibited by company rules, procedures, and guidelines.	Against Applicant	Unauthorized Use of System	Admitted	(a) unauthorized entry into any information technology system (b) unauthorized modification, destruction, or manipulation of, or denial of access to, an IT system or any data in such a system	—	—

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

1.a

Applicant was fired from his job with Employer A after an investigation revealed he had accessed sexually explicit internet sites without authorization on two of his employer's computers, knowing that such access was non-work related, restricted, and inappropriate. Additionally, Applicant mischarged his labor time while performing these unauthorized activities during normal work hours, conduct that was specifically prohibited by company rules, procedures, and guidelines.

Against Applicant

Unauthorized Use of System

Admitted

(a) unauthorized entry into any information technology system

(b) unauthorized modification, destruction, or manipulation of, or denial of access to, an IT system or any data in such a system

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES