Summary
The applicant, a former U.S. government employee and current consultant, was denied a security clearance under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The denial stemmed from a history of security infractions and a pattern of noncompliance that were deemed insufficiently mitigated.
Specifically, the applicant committed four security infractions in 1998 while in a government position, leading to a warning that further violations could result in loss of pay. These incidents involved improper safeguarding of materials within a controlled access area, though no actual compromise of classified information occurred. Additionally, evidence showed 11 prior security infractions between 1985 and 1997, mostly at a U.S. facility abroad, for which the applicant received multiple warnings and counselings from security officials. A 1990 briefing noted that unless habits changed, more violations were likely, an observation that proved accurate with approximately ten more infractions occurring between 1992 and 1998.
The applicant's post-government employment included serving on the boards of two companies, one incorporated in 1999, where they provided political and commercial advice and received equity options. The repeated security infractions and the applicant's history of noncompliance raised significant doubts about their trustworthiness and judgment in handling classified information, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a record of repeated security infractions that were not mitigated.
- The applicant's past infractions raised doubts about their trustworthiness and judgment regarding the handling of classified information.
Conditions Referenced
- K.1raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified or Other Sensitive Information
- K.2raisedA History of Noncompliance with Security Rules and Regulations
- K.3rejectedThe Applicant's Good Character Evidence and Testimony From High-ranking OfficialsThe evidence of good character did not outweigh the concerns raised by the applicant's security infractions.
Key Rule Quoted
“Deliberate or negligent failure to comply with rules and regulations for protecting classified or other sensitive information raises doubt about an individual’s trustworthiness, judgment, reliability, or willingness to safeguard such information, and is a serious security concern.”
Procedural Posture
- SOR issuedJul 27, 2009
- Answer filedOct 9, 2009
- Hearing heldJul 1, 2010over five sessions
- Decision dateSep 29, 2010
Cite For
- Denial Based on Repeated Security Infractions Under Guideline K
- Insufficient Mitigation of Security Concerns Despite Good Character Evidence
- Impact of Past Conduct on Current Security Clearance Eligibility Under Guideline E.