Summary
A 56-year-old senior systems engineer, employed by a defense contractor, was granted a security clearance despite allegations under Guideline M (Use of Information Technology). The Statement of Reasons detailed three specific violations involving unauthorized use of personal electronic devices (PEDs) with company computers.
In May 2012, the applicant allegedly connected a PED to a restricted computer and kept it within a restricted program facility, violating company policy. Earlier, in January 2009, the applicant was accused of downloading software from the internet for a personally purchased PED, which was required by the corporation, and installing it on a company computer without authorization, violating company internet usage procedures. A third incident in November 2011 involved syncing a PED to a company computer, violating computer systems and electronic media procedures.
The judge found that the applicant had mitigated the security concerns. Key factors included the absence of any compromise of classified information, the applicant's lack of adequate training on the relevant security policies prior to the incidents, and positive character references from colleagues attesting to her trustworthiness. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated that no classified information was compromised during the incidents.
- The applicant had not received adequate training on the relevant security policies prior to the violations.
- Positive character references from colleagues supported the applicant's trustworthiness and reliability.
Conditions referenced
- AG ¶ 39raisedNoncompliance with Rules, Procedures, Guidelines or Regulations Pertaining to Information Technology Systems
- AG ¶ 40.araisedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- AG ¶ 40.eraisedUnauthorized Use of a Government or Other Information Technology System
- AG ¶ 40.fraisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Technology System Without Authorization
- AG ¶ 41.aappliedSo 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.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 18, 2014
- Answer filedDec 4, 2014Applicant requested a determination based on the written record.
- Hearing held—Decision based on written record.
- Decision dateAug 1, 2016
Cite for
- Mitigation of Security Concerns Under Guideline M Due to Lack of Training
- Consideration of Character References in Security Clearance Decisions
- Impact of Time Elapsed Since Incidents on Security Clearance Eligibility