Summary
A 54-year-old employee of a DOD contractor, with over 30 years of experience and a history of holding security clearances, faced allegations under Guideline E (Personal Conduct), Guideline K (Handling Protected Information), and Guideline M (Use of Information Technology). The Statement of Reasons alleged that between June 2011 and April 2012, the applicant copied approximately 1,700 confidential and proprietary files from a company computer to personal removable media, violating a Non-Disclosure and Invention Assignment Agreement. Additionally, the applicant was accused of retaining these files after certifying in April 2012 that he did not possess such information upon termination from Contractor A.
The judge acknowledged that the applicant's actions were negligent but determined they did not indicate a lack of trustworthiness. Disqualifying conditions AG ¶ 34(b), AG ¶ 34(c), and AG ¶ 34(g) were raised, but mitigating conditions AG ¶ 35(a) and AG ¶ 35(b) were applied.
The decision to grant the security clearance was based on several factors: the applicant's consistent record of handling classified information without incident since the alleged misconduct, positive testimonials from current supervisors regarding his trustworthiness and security awareness, and the passage of more than five years since the incidents, during which the applicant demonstrated a positive attitude toward security responsibilities. The applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a long history of handling classified information without incident after the alleged misconduct.
- The applicant's current supervisors provided positive testimonials regarding his trustworthiness and security awareness.
- More than five years had passed since the incidents, and the applicant had shown a positive attitude towards security responsibilities.
Conditions Referenced
- AG ¶ 34(b)raisedDeliberate or Negligent Disclosure of Classified or Other Protected Information to Unauthorized Persons
- AG ¶ 34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Classified Reports, Data, or Other Information on Any Unapproved Equipment
- AG ¶ 34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- AG ¶ 35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 13, 2016
- Answer filedApr 22, 2016
- Hearing heldDec 8, 2016
- Decision dateApr 19, 2017
Cite For
- Mitigating Conditions Under Guideline K for Time Elapsed Since Misconduct
- Positive Testimonials From Supervisors as Evidence of Trustworthiness
- Consideration of the Whole-person Concept in Security Clearance Decisions