Summary
A 46-year-old test supervisor for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons detailed several security incidents, including the unauthorized use of another employee’s password and improper software installation in June 2004. Further incidents included failing to set an alarm in October 2005, a trusted downloading incident in March 2006, improper access to a test station in May 2006, and communicating a safe combination over an unsecure phone in June 2006.
Additionally, the applicant was cited for a second trusted downloading incident by an untrained employee in July 2006, and a March 2007 security audit found numerous unmarked media disks at his workstation. These issues raised disqualifying conditions under both guidelines.
However, the judge found that the applicant had successfully mitigated these concerns. He demonstrated proactive measures, such as requesting additional staff training, acknowledged his mistakes, and took steps to ensure compliance with security protocols. Positive evaluations and recommendations from his supervisors further highlighted his reliability and trustworthiness, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated proactive measures to mitigate security concerns, including requesting additional training for his staff.
- He acknowledged his mistakes and took steps to ensure compliance with security protocols after incidents occurred.
- Positive evaluations and recommendations from supervisors highlighted his reliability and trustworthiness.
Conditions Referenced
- E2.A5.1.1raisedDeliberate 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
- K.34(h)raisedNegligence or Lax Security Habits That Persist Despite Counseling by Management
- E2.A5.1.3appliedThe 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 and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- E2.A5.1.4appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior 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
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 21, 2007
- Answer filedJan 22, 2007
- Hearing heldAug 12, 2008
- Decision dateDec 18, 2008
Cite For
- Mitigation of Security Concerns Under Guideline E and K Due to Proactive Measures
- Importance of Positive Evaluations From Supervisors in Security Clearance Decisions
- Consideration of Unique Circumstances Surrounding Security Incidents in Adjudication.