ISCR Case 23-01737

Case Headnote

ISCR Case No. 23-01737

grantedOct 30, 2024· Hon. Bryan J. Olmos· hearing

Summary

A 25-year-old mechanical engineering graduate was granted a security clearance despite concerns raised under Guidelines E (Personal Conduct), K (Handling Protected Information), and M (Use of Information Technology). The Statement of Reasons detailed several allegations, including the applicant's unauthorized removal and access of a secured laptop containing sensitive information, leaving it unsecured in his workspace, and falsely claiming to possess security clearances on multiple job applications. Additionally, he failed to disclose prior marijuana use on his November 2022 Security Clearance Application (SCA).

Disqualifying conditions were raised concerning falsification, unauthorized handling of protected information, and misuse of information technology. However, the applicant admitted to these violations and demonstrated significant personal growth. Mitigating conditions were applied, acknowledging his credible testimony, increased awareness, and commitment to security protocols.

The decision to grant the clearance was based on the applicant's acknowledgment of past mistakes and his demonstrated commitment to following security protocols in his current employment. He provided credible testimony and evidence of personal growth, indicating an understanding of security compliance. His actions were deemed unlikely to recur due to his increased awareness and proactive approach to security procedures.

Why the Applicant Prevailed

The applicant acknowledged his past mistakes and demonstrated a commitment to following security protocols in his current employment.
He provided credible testimony and evidence of personal growth and understanding of the importance of security compliance.
The applicant's actions were deemed unlikely to recur due to his increased awareness and proactive approach to security procedures.

Conditions Referenced

Disqualifying

AG ¶ 34(b)raisedUnauthorized Removal of Protected Information
AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified or Sensitive Information
AG ¶ 40(e)raisedUnauthorized Use of Any Information Technology System
AG ¶ 16(a)raisedDeliberate Omission or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information

Mitigating

AG ¶ 35(a)appliedTime Elapsed Since the Behavior
AG ¶ 41(a)appliedUnusual Circumstances Surrounding the Behavior
AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct the Omission
AG ¶ 17(c)appliedBehavior Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedSep 26, 2023
Answer filedJun 21, 2023
Hearing heldSep 27, 2024
Decision dateOct 30, 2024

Cite For

Mitigation of Security Concerns Under Guidelines K, M, and E
Demonstration of Personal Growth and Understanding of Security Protocols
Impact of Age and Maturity on Judgment in Security Clearance Cases.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant falsified job applications by claiming to have security clearances that he did not possess.	For Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Admitted	—	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation
3.b	Applicant failed to disclose prior marijuana use in his November 2022 SCA.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation
3.c	Applicant provided false information in multiple job applications by falsely stating that he possessed a security clearance.	For Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Admitted	—	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified job applications by claiming to have security clearances that he did not possess.

For Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Admitted

—

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

3.b

Applicant failed to disclose prior marijuana use in his November 2022 SCA.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

3.c

Applicant provided false information in multiple job applications by falsely stating that he possessed a security clearance.

For Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Admitted

—

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

¶	Allegation	Finding	Type	Response	Disqualifying (¶34)	Mitigating applied (¶35)	Mitigation
1.a	Applicant violated security protocols by removing a laptop containing sensitive information from an unclassified but secured area and accessing that laptop without authorization.	For Applicant	Removed Classified to Personal Space	Admitted	(b) collecting or storing protected information in any unauthorized location (g) any failure to comply with rules for the protection of classified or sensitive information	(a) so much time has elapsed, or it has happened so infrequently or under such unusual circumstances, that it is unlikely to recur and does not cast doubt…	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶34)

Mitigating applied (¶35)

Mitigation

1.a

Applicant violated security protocols by removing a laptop containing sensitive information from an unclassified but secured area and accessing that laptop without authorization.

For Applicant

Removed Classified to Personal Space

Admitted

(b) collecting or storing protected information in any unauthorized location

(g) any failure to comply with rules for the protection of classified or sensitive information

(a) so much time has elapsed, or it has happened so infrequently or under such unusual circumstances, that it is unlikely to recur and does not cast doubt…

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
2.a	Applicant used a secured laptop without authorization and left it unsecured in his workspace over the weekend.	For Applicant	Unauthorized Use of System	Admitted	(b) unauthorized modification, destruction, or manipulation of, or denial of access to, an IT system or any data in such a system (g) negligence or lax security practices in handling IT that persists despite counseling by management	(a) so much time has elapsed since the behavior, or it happened under such unusual circumstances, that it is unlikely to recur and does not cast doubt on …	Claimed Other Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

2.a

Applicant used a secured laptop without authorization and left it unsecured in his workspace over the weekend.

For Applicant

Unauthorized Use of System

Admitted

(b) unauthorized modification, destruction, or manipulation of, or denial of access to, an IT system or any data in such a system

(g) negligence or lax security practices in handling IT that persists despite counseling by management

(a) so much time has elapsed since the behavior, or it happened under such unusual circumstances, that it is unlikely to recur and does not cast doubt on …

Claimed

Other

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION