Summary
A 67-year-old former U.S. Army officer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The applicant received a General Officer Memorandum of Reprimand (GOMR) for improperly transporting and storing classified information, possessing six government computers at his residence in violation of the Uniform Code of Military Justice, and having his local access suspended around October 2014. Additionally, he was unable to account for a classified government external hard drive and substituted a different drive when asked to return it.
The applicant falsified his 2018 security clearance application by misrepresenting the reason for his reprimand as "slack observation of security policy," when it was for negligence and failure to maintain standards after over 4,000 classified documents and imagery files were found. He also failed to disclose the suspension of his security eligibility/access authorization in October 2014. Furthermore, he concealed and misrepresented material facts during interviews in October 2018 and February 2019, falsely claiming the reprimand concerned taking a personal cell phone into a Sensitive Compartmented Information Facility (SCIF).
The administrative judge found that the applicant's pattern of security violations, including improper handling of classified information and a lack of candor during the investigation, raised significant doubts about his reliability and trustworthiness, leading to the denial of his application.
Why the applicant was denied
- The applicant received a General Officer Memorandum of Reprimand for improperly handling classified information and possessing unauthorized government computers at his residence.
- The applicant falsified his security clearance application by misrepresenting the nature of his reprimand and failing to disclose his suspended access authorization.
- The applicant's pattern of security violations and lack of candor during the investigation raised serious doubts about his reliability and trustworthiness.
Conditions referenced
- AG ¶ 34(b)raisedCollecting or Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Protected Information on Unauthorized Equipment
- AG ¶ 34(e)raisedCopying or Modifying Protected Information in an Unauthorized Manner
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified Information
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
Key rule quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural posture
- SOR issuedOct 16, 2020
- Answer filedFeb 4, 2021
- Hearing held—Decision based on written record without a hearing.
- Decision dateNov 22, 2021
Cite for
- Disqualifying Conditions Under Guideline K and E Due to Serious Security Violations
- Issues of Reliability and Trustworthiness in Handling Classified Information
- Falsification of Security Clearance Applications Leading to Denial of Clearance