Summary
A 66-year-old defense contractor employee, with 44 years of security clearance, was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons detailed several incidents, including the removal and loss of classified documents from his home, and multiple instances between 1964 and 2003 of failing to secure classified materials or storage containers at his government office. Other allegations involved an email with classified data sent in 1997, incorrectly marking unclassified working papers as classified in 2001, and leaving classified material unsecured in an unapproved office space approximately two to three times per week between May 2002 and April 2003.
The applicant also faced scrutiny for inconsistent statements made to investigators. However, the judge determined that the applicant's actions were not deliberate. Mitigating factors included the infrequent nature of the past security violations and the significant passage of time since these incidents occurred.
The decision to grant clearance was further supported by the applicant's extensive history of holding a security clearance and his positive work reputation. The judge concluded that the applicant had successfully mitigated the security concerns raised under both Guideline E and Guideline K.
Why the applicant prevailed
- Applicant demonstrated that past security violations were infrequent and mitigated by the passage of time.
- Inconsistencies in statements were found not to be deliberate, mitigating concerns under Guideline E.
- Applicant's long history of holding a security clearance and positive work reputation supported the decision.
Conditions referenced
- E2.A11.2.1raisedUnauthorized Disclosure of Classified Information
- E2.A11.2.2raisedDeliberate or Multiple Violations Due to Negligence
- E2.A5.1.1raisedConduct Involving Questionable Judgment or Lack of Candor
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information
- E2.A11.1.3.1appliedInadvertent Violations
- E2.A11.1.3.2appliedIsolated or Infrequent Violations
- E2.A11.1.3.3appliedDemonstrated Positive Attitude Towards Security Responsibilities
- E2.A5.1.3appliedNo Deliberate Intent to Mislead
Key rule quoted
“The objective of the security clearance process is the fair-minded, commonsense assessment of a person’s trustworthiness and fitness for access to classified information.”
Procedural posture
- SOR issuedJul 7, 2005
- Answer filedAug 24, 2005
- Hearing heldMay 31, 2007via in-person hearing
- Decision dateJul 30, 2007
Cite for
- Mitigation of Security Violations Over Time Under Guideline K
- Non-deliberate Inconsistencies in Statements Under Guideline E
- Whole Person Analysis in Security Clearance Determinations