Summary
This case involved a 68-year-old employee of a DOD contractor seeking a security clearance, despite allegations under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons detailed that the applicant improperly took home a classified cover sheet and destroyed it, and also took home a printed email with protected information without filing a report upon its surrender. Additionally, it was alleged that the applicant failed to fully and timely report this conduct and was terminated from Contractor A after a government customer requested his removal from a project.
Disqualifying conditions raised included AG ¶ 34(b), AG ¶ 34(g), AG ¶ 16(d), and AG ¶ 16(e). However, the administrative judge applied several mitigating conditions: AG ¶ 35(a), AG ¶ 35(c), AG ¶ 35(d), AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(e).
The judge determined that the applicant's actions were inadvertent and did not compromise national security. Key factors in the decision to grant the clearance included the applicant promptly reporting the discovery of the confidential email to authorities and demonstrating a change in behavior by no longer taking unclassified documents home. Ultimately, eligibility for access to classified information was GRANTED.
Why the Applicant Prevailed
- The applicant's actions were deemed inadvertent and did not compromise national security.
- He promptly reported the discovery of a confidential email to the appropriate authorities.
- The applicant demonstrated a change in behavior by no longer taking unclassified documents home.
Conditions Referenced
- AG ¶ 34(b)raisedCollecting or Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified or Sensitive Information
- AG ¶ 16(d)raisedCredible Adverse Information That Raises Questions About Reliability
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 35(a)appliedTime Elapsed Since the Behavior
- AG ¶ 35(c)rejectedImproper or Inadequate TrainingThe applicant admitted to making a personal convenience decision.
- AG ¶ 35(d)appliedInadvertent Violation, Promptly Reported
- AG ¶ 17(c)appliedMinor Offense or Time Passed
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 1, 2023
- Answer filedFeb 21, 2023
- Hearing heldJan 16, 2024
- Decision dateApr 12, 2024
Cite For
- Mitigation of Inadvertent Mishandling of Classified Information Under Guideline K
- Consideration of the Whole-person Concept in Security Clearance Decisions
- The Impact of Time Elapsed on Security Concerns Under Guideline E.