Summary
A 60-year-old defense contractor employee’s security clearance was granted despite concerns under Guideline K (Handling Protected Information) and Guideline M (Use of Information Technology). The applicant had a history of 19 security infractions between 1997 and 2012, including a 2009 verbal warning for failing to properly secure classified material. These issues raised disqualifying conditions K.34(b), K.34(g), and M.40(g).
However, the applicant began receiving effective medication for Attention Deficit Disorder in September 2012, after which he committed no further security infractions. The judge found that this treatment, combined with the applicant's subsequent actions, mitigated the earlier concerns.
Specifically, the applicant demonstrated a proactive and positive attitude toward his security obligations, implementing personal reminders and checklists. His Facility Security Officer provided positive testimony regarding his adherence to security protocols. Based on these mitigating factors, including K.35(a), K.35(b), M.41(a), and M.41(c), the judge determined that the applicant had mitigated the security concerns and granted eligibility for access to classified information.
Why the applicant prevailed
- The applicant has not committed any security infractions since September 2012 after receiving effective treatment for ADD.
- He demonstrated a proactive approach to security responsibilities, including implementing personal reminders and checklists.
- The applicant's Facility Security Officer testified positively about his adherence to security protocols.
Conditions referenced
- K.34(b)raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified or Other Sensitive Information
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- M.40(g)raisedNegligence or Lax Security Habits in Handling Information Technology That Persist Despite Counseling by Management
- K.35(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur
- 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
- 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 of Supervisor
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 28, 2016
- Answer filedApr 13, 2016
- Hearing heldAug 10, 2016
- Decision dateNov 23, 2016
Cite for
- Mitigation of Security Concerns Under Guideline K Due to Effective Treatment for ADD
- Demonstration of a Positive Attitude Towards Security Responsibilities
- Application of the Whole-person Concept in Security Clearance Decisions