Summary
A 43-year-old defense contractor employee was granted a security clearance despite concerns under Guidelines E (Personal Conduct), K (Handling Protected Information), and M (Use of Information Technology). The applicant had downloaded proprietary files from a previous employer's computer system before his departure and retained them, violating company policy and raising disqualifying conditions.
However, the judge found that several mitigating conditions applied. The applicant demonstrated remorse and took immediate corrective action by returning the hard drive containing the files to his former employer. He also completed additional security training and showed a positive attitude toward safeguarding sensitive information.
The incident was determined to be a one-time occurrence, and the applicant's extensive history in the defense industry supported his overall reliability. Based on these factors, the applicant was ultimately granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant demonstrated remorse and took immediate corrective action by returning the hard drive to his former employer.
- He completed additional training on security responsibilities and showed a positive attitude towards safeguarding sensitive information.
- The incident was a one-time occurrence, and the applicant's long history in the defense industry supported his reliability.
Conditions Referenced
- K.34(d)raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Handling Protected Information
- K.34(f)raisedViewing or Downloading Information From a Secure System When the Information Is Beyond the Individual's Need-to-know
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Sensitive Information
- M.40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System When Prohibited by Rules, Procedures, Guidelines, or Regulations or When Otherwise Not Authorized
- E.16(f)raisedViolation of a Written or Recorded Commitment Made by the Individual to the Employer as a Condition of Employment
- K.35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
- K.35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- M.41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- M.41(b)appliedThe Misuse Was Minor and Done Solely in the Interest of Organizational Efficiency and Effectiveness
- M.41(c)appliedThe Conduct Was Unintentional or Inadvertent and Was Followed by a Prompt, Good-faith Effort to Correct the Situation and by Notification to Appropriate Personnel
- E.17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- E.17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Contributed to Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
- E.17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 15, 2017
- Answer filedSep 25, 2017
- Hearing heldJan 8, 2018
- Decision dateJun 25, 2018
Cite For
- Mitigation of Security Concerns Under Guidelines K, M, and E
- Remedial Actions Taken After a Security Incident
- Consideration of the Whole-person Concept in Security Clearance Decisions