Summary
A 72-year-old senior systems engineer was denied a security clearance under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information) due to repeated security violations occurring between 2011 and 2020. The applicant was found to have failed to secure protected information in authorized locations, forwarded proprietary work documents to his personal email on multiple occasions, and left company proprietary and export-controlled documents unsecured in his workspace. These issues were identified during various incidents, including a random building sweep.
The administrative judge determined that the applicant's conduct reflected questionable judgment and an unwillingness to comply with rules and regulations. Disqualifying conditions under Adjudicative Guidelines ¶ 34(b), ¶ 34(c), ¶ 34(g), ¶ 34(h), and ¶ 16(d) were raised.
Despite receiving counseling and warnings, the applicant continued to violate company policies regarding sensitive information. The judge concluded that the applicant did not demonstrate a sufficient understanding of the significance of his actions or take substantive corrective measures, leading to significant doubts about his trustworthiness and reliability and the ultimate denial of his security clearance.
Why the Applicant Was Denied
- The applicant committed multiple security violations over a nine-year period, failing to secure protected information and sending proprietary documents to his personal email.
- Despite receiving counseling and warnings, the applicant continued to violate company policies regarding the handling of sensitive information.
- The applicant did not demonstrate a sufficient understanding of the significance of his actions or take substantive corrective measures.
Conditions Referenced
- AG ¶ 34(b)appliedCollecting or Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(c)appliedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Protected Information on Unauthorized Equipment
- AG ¶ 34(g)appliedFailure 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 ¶ 16(d)appliedCredible Adverse Information Indicating Questionable Judgment
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedMay 26, 2022
- Answer filedJun 16, 2022
- Hearing held—Decision based on written record.
- Decision dateFeb 9, 2024
Cite For
- Security Violations Under Guideline K and E
- Pattern of Mishandling Protected Information
- Impact of Lack of Corrective Action on Security Clearance Eligibility