Summary
A 63-year-old former Federal employee was granted a security clearance despite past issues under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons detailed several security violations, including the deliberate download of classified material from a classified computer to an unclassified laptop, and subsequently to unmarked disk drives left at various commands.
Further allegations included the applicant downloading other classified information to computer disks before April 2000, taking these disks to a new command, and storing them at his apartment. He also kept a copy of a classified performance evaluation at home. These actions led to the suspension of his security clearance by another governmental organization around 2002.
The judge found that the applicant's candid acknowledgment of his past mistakes, completion of security training, and positive character references mitigated the government's concerns. The time elapsed since the violations and the absence of recurrence supported his reliability and trustworthiness, leading to the clearance being granted.
Why the Applicant Prevailed
- The applicant demonstrated a candid and contrite attitude regarding past security violations.
- He provided evidence of rehabilitation through training and positive character references.
- The time elapsed since the violations and the absence of recurrence supported his reliability and trustworthiness.
Conditions Referenced
- K.34(a)raisedDeliberate or Negligent Disclosure of Classified or Other Protected Information to Unauthorized Persons
- K.34(b)raisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Classified Reports, Data, or Other Information on Any Unapproved Equipment
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- E.16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- K.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
- K.35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training
- E.17(d)appliedThe 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 issuedJun 10, 2009
- Answer filedJul 2, 2009
- Hearing heldJan 26, 2010
- Decision dateNov 5, 2010
Cite For
- Mitigation of Security Violations Under Guideline K Due to Time Elapsed and Evidence of Rehabilitation
- Consideration of Character References in Security Clearance Decisions
- Application of the Whole-person Concept in Evaluating Security Clearance Eligibility.