Summary
A 27-year-old security guard was denied a security clearance under Guideline E (Personal Conduct) for knowingly violating established security policies. The applicant brought a camera-equipped cell phone into a sensitive federal facility, an action explicitly prohibited by physical security policies. This specific allegation, 1.a, formed the basis of the denial.
The judge determined that the applicant's actions demonstrated a deliberate disregard for security rules, despite his claims of oversight. Disqualifying conditions under AG ¶ 16(c), AG ¶ 16(d)(1), and AG ¶ 16(d)(3) were raised. While mitigating conditions AG ¶ 17(d) and AG ¶ 17(e) were applied, they were insufficient to overcome the security concerns.
The denial was based on the finding that the applicant knowingly violated security policies, his claims of unintentional violations were not credible, and his history of rule violations raised significant concerns regarding his reliability and trustworthiness. The security clearance application was ultimately DENIED.
Why the Applicant Was Denied
- The applicant knowingly violated security policies by bringing a camera phone into a restricted area.
- His claims of unintentional violations were deemed disingenuous and not credible.
- The applicant's history of rule violations raised significant concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(c)rejectedCredible Adverse Information in Several Adjudicative Issue AreasThe rule violation does not qualify as credible adverse information in several adjudicative issue areas.
- AG ¶ 16(d)(1)appliedCredible Adverse Information Not Explicitly Covered Under Any Other GuidelineThe applicant's rule violations indicate untrustworthy and unreliable behavior.
- AG ¶ 16(d)(3)appliedPattern of Rule ViolationsThe applicant exhibited a pattern of rule violations by repeatedly carrying a camera phone into restricted areas.
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps TakenThe applicant acknowledged his rule violations and promised not to repeat them.
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to ExploitationThe applicant's admission of rule violations was a step toward reducing vulnerability.
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 issuedMar 6, 2008
- Answer filedMar 27, 2008Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJun 3, 2008
Cite For
- Denial of Security Clearance Due to Deliberate Violation of Security Policies
- Credibility Issues Regarding Applicant's Claims of Oversight
- Assessment of Personal Conduct Under Guideline E