Summary
A 64-year-old physical security officer with over 40 years of experience and a history of security clearances was granted a security clearance despite allegations under Guideline K (Handling Protected Information). The applicant faced four allegations of mishandling classified information between 2011 and 2014. These included a five-day suspension in October 2014 for scanning classified documents into an unauthorized computer, a written reprimand in December 2013 for taking classified material outside a controlled area, and a written warning in January 2012 for providing classified information to an unauthorized individual. The earliest violation involved printing incorrect security classifications on three visitor badges, allowing unauthorized attendance at a meeting.
The applicant admitted to these infractions. However, the judge found that the violations were inadvertent and did not result in any compromise of classified information. Disqualifying conditions AG ¶ 34(a), AG ¶ 34(b), AG ¶ 34(c), AG ¶ 34(g), and AG ¶ 34(h) were raised.
Mitigating conditions AG ¶ 35(a), AG ¶ 35(b), AG ¶ 35(c), and AG ¶ 35(d) were applied. Sufficient time had passed since the last infraction, indicating a low likelihood of recurrence. Furthermore, the applicant's recent promotion to Assistant Contract Program Security Officer demonstrated his employer's continued confidence in his reliability and trustworthiness, leading to the clearance being GRANTED.
Why the applicant prevailed
- The applicant admitted to the infractions but demonstrated that they were inadvertent and did not result in any compromise of classified information.
- Sufficient time had elapsed since the last infraction, indicating a low likelihood of recurrence.
- The applicant's recent promotion to Assistant Contract Program Security Officer reflected his employer's confidence in his trustworthiness.
Conditions referenced
- AG ¶ 34(a)raisedDeliberate or Negligent Disclosure of Protected Information to Unauthorized Persons
- AG ¶ 34(b)raisedCollecting or Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Protected Information on Unauthorized Equipment
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified Information
- AG ¶ 34(h)raisedNegligence or Lax Security Practices That Persist Despite Counseling by Management
- AG ¶ 35(a)appliedSo Much Time Has Elapsed Since the Behavior That It Is Unlikely to Recur
- AG ¶ 35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training
- AG ¶ 35(c)appliedThe Security Violations Were Due to Improper or Inadequate Training or Unclear Instructions
- AG ¶ 35(d)appliedThe Violation Was Inadvertent, Promptly Reported, and There Is No Evidence of Compromise
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 15, 2016
- Answer filedMay 6, 2016Applicant elected to have the case decided on the written record.
- Hearing held—Case decided on the written record.
- Decision dateOct 3, 2017
Cite for
- Mitigation of Security Concerns Under Guideline K Due to Inadvertent Violations
- Impact of Time Elapsed Since Infractions on Security Clearance Eligibility
- Importance of Employer Confidence in Applicant's Trustworthiness as a Mitigating Factor