Summary
A 59-year-old senior program manager for a defense contractor was granted a security clearance despite concerns raised under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons included allegations of multiple security violations, specifically citing disqualifying conditions K34(a), K34(g), K34(h), E16(a), E16(d), and E16(e).
The judge determined that the applicant's actions and demonstrated commitment to security protocols mitigated these concerns. Key factors included the applicant's acknowledgment of his security lapses and his completion of all required security training. Furthermore, there have been no additional security incidents involving the applicant since 2015.
The decision to grant clearance was also influenced by the applicant's positive attitude toward security and his long tenure in a sensitive position. Mitigating conditions K35(a), K35(b), K35(d), E17(c), and E17(d) were applied, leading to the favorable outcome.
Why the Applicant Prevailed
- The applicant acknowledged his security violations and demonstrated a commitment to compliance with security protocols.
- He has not had any further security incidents since 2015 and has completed all required security training.
- The applicant's positive attitude towards security and his long-standing employment in a sensitive position contributed to the favorable outcome.
Conditions Referenced
- K34(a)raisedDeliberate or Negligent Disclosure of Protected Information to Unauthorized Persons
- K34(g)raisedFailure to Comply with Rules for the Protection of Classified or Sensitive Information
- K34(h)raisedNegligence or Lax Security Practices That Persist Despite Counseling by Management
- E16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe applicant did not intentionally falsify his SCA as the relevant questions were ambiguous.
- E16(d)notedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- E16(e)notedPersonal Conduct That Creates a Vulnerability to Exploitation
- K35(a)appliedSo Much Time Has Elapsed Since the Behavior That It Is Unlikely to Recur
- K35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training
- K35(d)appliedThe Violation Was Inadvertent, Promptly Reported, and Does Not Suggest a Pattern
- E17(c)appliedThe Offense Is so Minor or Infrequent That It Is Unlikely to Recur
- E17(d)appliedThe Individual Has Acknowledged the Behavior and Taken Positive Steps to Alleviate the Issues
Key Rule Quoted
“An administrative judge must consider a person’s stability, trustworthiness, reliability, discretion, character, honesty, and judgment.”
Procedural Posture
- SOR issuedJun 27, 2016
- Answer filedJul 13, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateOct 18, 2017
Cite For
- Mitigating Conditions Under Guideline K for Inadvertent Violations
- Consideration of Ambiguous Questions in Security Clearance Applications
- Whole-person Assessment in Security Clearance Determinations