Summary
A 52-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons detailed multiple security violations, including two instances where the applicant failed to properly secure marked, classified documents overnight in an approved container. Additionally, the applicant brought her personal cellphone, a prohibited device, into a secure facility on five separate occasions.
Further concerns arose from the applicant's failure to follow required self-reporting procedures after three of these cellphone incidents, specifically in June 2016, July 2016, and January 2017. While the applicant admitted to the allegations and had a history of positive performance, the judge found that her actions demonstrated a pattern of negligence and disregard for security protocols.
The judge ultimately denied the security clearance, concluding that the unresolved security concerns and the applicant's repeated failure to self-report infractions raised significant doubts about her reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant had multiple security violations related to mishandling classified documents and bringing prohibited devices into secure facilities.
- The applicant failed to self-report several infractions, raising doubts about her reliability and trustworthiness.
- The judge found that the applicant's actions constituted a pattern of negligence and disregard for security protocols.
Conditions Referenced
- AG ¶ 33raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Handling Protected Information
- AG ¶ 34(b)appliedCollecting or Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(g)appliedAny Failure to Comply with Rules for the Protection of Classified or Sensitive Information
- AG ¶ 34(h)appliedNegligence or Lax Security Practices That Persist Despite Counseling by Management
- AG ¶ 35(a)rejectedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur
- AG ¶ 35(b)rejectedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- AG ¶ 35(c)rejectedThe Security Violations Were Due to Improper or Inadequate Training or Unclear Instructions
- AG ¶ 35(d)rejectedThe Violation Was Inadvertent, It Was Promptly Reported, There Is No Evidence of Compromise, and It Does Not Suggest a Pattern
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
Procedural Posture
- SOR issuedMar 17, 2021
- Answer filed—
- Hearing heldSep 29, 2022via video teleconference
- Decision dateFeb 28, 2023
Cite For
- Security Violations Related to Mishandling Classified Documents Under Guideline K
- Failure to Self-report Infractions as a Pattern of Behavior
- Impact of Negligence on Security Clearance Eligibility Under AG Guidelines