Summary
A 64-year-old federal contractor employee was granted a security clearance despite concerns under Guideline K, which addresses the handling of protected information. The applicant faced allegations of multiple security infractions between April 2017 and October 2019, including seven instances of entering prohibited areas with a cell phone. He also received a security violation in March 2018 for accumulating more than four infractions within a 12-month period, and two additional infractions in July and October 2019 for similar cell phone violations. While the applicant admitted to six of the cell phone infractions, he denied improperly marking classified documents or failing to store them in an approved container in March 2018.
Mitigating conditions were applied, noting the applicant's voluntary and immediate disclosure of all infractions to his facility security officer. He consistently participated in annual security refresher training and demonstrated a positive attitude toward compliance.
The decision to grant the clearance was based on the determination that the applicant's past infractions were unlikely to recur. This assessment was supported by positive endorsements from his supervisors and security officials, indicating significant behavioral changes and a commitment to adhering to security protocols.
Why the applicant prevailed
- The applicant voluntarily disclosed all security infractions immediately to his facility security officer.
- He participated in annual security refresher training and demonstrated a positive attitude toward compliance.
- The applicant's past infractions were deemed unlikely to recur, supported by positive endorsements from supervisors and security officials.
Conditions referenced
- AG ¶ 35(a)appliedMitigating Condition 35(a)The applicant's infractions occurred under circumstances unlikely to recur.
- AG ¶ 35(b)appliedMitigating Condition 35(b)The applicant responded favorably to counseling and demonstrated a positive attitude toward security responsibilities.
- AG ¶ 35(d)appliedMitigating Condition 35(d)The violations were inadvertent, promptly reported, and did not suggest a pattern.
Key rule quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural posture
- SOR issuedOct 30, 2020
- Answer filedNov 20, 2020
- Hearing heldJul 27, 2021via video teleconference
- Decision dateNov 1, 2021
Cite for
- Mitigation of Security Concerns Under Guideline K
- Importance of Voluntary Disclosure of Security Infractions
- Impact of Positive Endorsements From Supervisors on Clearance Decisions.