Summary
A 37-year-old defense contractor was denied a security clearance due to unmitigated concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), K (Handling Protected Information), and M (Use of Information Technology). The judge determined that the applicant's past actions and ongoing alcohol issues raised significant doubts about his reliability and trustworthiness.
Specific allegations included the unauthorized transfer of proprietary information to a former employee, the reproduction and sharing of proprietary information with an unauthorized individual, and the removal of classified labeling from a computer monitor for use in an unclassified area. The applicant also inadvertently brought a cell phone into a SCIF approximately four times over ten years, realizing his error each time before reaching his desk.
Additionally, the applicant has a history of alcohol overconsumption, with a diagnosis of moderate alcohol use disorder in 2016 and 2019, and continues to drink heavily. The denial was based on the serious security concerns raised by the unauthorized transfer of proprietary information, the applicant's history of alcohol consumption indicating a lack of reliability, and his significant and unmitigated failure to comply with rules for handling protected information and IT systems.
Why the applicant was denied
- The applicant's unauthorized transfer of proprietary information to a former employee raised serious security concerns.
- The applicant's history of alcohol consumption, including a diagnosis of moderate alcohol use disorder, indicated a lack of reliability and trustworthiness.
- The applicant's failure to comply with rules for handling protected information and information technology systems was significant and unmitigated.
Conditions referenced
- AG ¶ 34(a)raisedDeliberate or Negligent Disclosure of Protected Information to Unauthorized Persons
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified or Sensitive Information
- AG ¶ 40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System When Prohibited
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- AG ¶ 22(d)raisedDiagnosis by a Duly Qualified Medical or Mental Health Professional of Alcohol Use Disorder
- AG ¶ 16(d)(1)raisedUntrustworthy or Unreliable Behavior Including Breach of Client Confidentiality
- AG ¶ 35(a)appliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to RecurThe applicant's inadvertent entry into a SCIF with a cell phone occurred infrequently and under unusual circumstances.
- AG ¶ 23(a)appliedAcknowledgment of a Pattern of Maladaptive Alcohol Use and Evidence of Actions Taken to Overcome This ProblemThe applicant acknowledged his drinking problem and has sought therapy.
- AG ¶ 23(c)appliedParticipation in Counseling or a Treatment ProgramThe applicant has been working with a clinical therapist.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 12, 2021
- Answer filed—
- Hearing heldOct 17, 2022via video teleconference
- Decision dateFeb 24, 2023
Cite for
- Failure to Mitigate Security Concerns Related to Alcohol Consumption
- Serious Breaches of Handling Protected Information
- Impact of Personal Conduct on Security Clearance Eligibility