Summary
A 47-year-old retired military E-7 and defense contractor was denied a security clearance under Guidelines E (Personal Conduct) and K (Handling Protected Information). The denial stemmed from multiple security violations and the intentional falsification of information on his SF 86.
Specifically, the applicant brought an unauthorized electronic device to a secure site on two occasions, and a classified document was found in his backpack. These incidents led to his resignation from the job in lieu of termination. Furthermore, the applicant intentionally falsified his SF 86 by stating he resigned from a job due to "travel concerns," when in fact he resigned in lieu of termination following the security infractions.
Despite strong character references, the applicant's failure to accept responsibility for his actions and the serious nature of the violations resulted in the denial of his security clearance. Disqualifying conditions under Guidelines K and E were raised, and while some mitigating conditions were considered, they were insufficient to overcome the security concerns.
Why the Applicant Was Denied
- The applicant committed multiple security violations, including bringing unauthorized electronic devices to a secure site.
- A classified document was found in the applicant's possession, raising serious security concerns.
- The applicant intentionally falsified information on his SF 86 regarding the reason for leaving his previous job.
Conditions Referenced
- K.33raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified or Other Sensitive Information
- K.34(b)notedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- E.15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- K.35(a)rejectedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur
- K.35(b)rejectedThe Individual Responded Favorably to Counseling or Remedial Security Training
- E.17(a)appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the Facts
- E.17(b)appliedThe Refusal or Failure to Cooperate, Omission, or Concealment Was Caused or Significantly Contributed to by Improper or Inadequate Advice
- E.17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedApr 6, 2016
- Answer filedApr 29, 2016
- Hearing heldNov 14, 2016rescheduled from October 4, 2016
- Decision dateFeb 22, 2017
Cite For
- Security Violations as a Basis for Denial of Clearance Under Guideline K
- Intentional Falsification of Information on Security Clearance Applications Under Guideline E
- The Importance of Accepting Responsibility for Security-related Conduct in Clearance Determinations