Summary
A 74-year-old veteran with over fifty years of security clearance history was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The allegations stemmed from a single incident where the applicant took a confidential document home without authorization, did not request supervisor permission, and secured it in an unauthorized home safe. These actions raised disqualifying conditions K.1.b and K.1.g.
The judge considered several mitigating factors, including K.2.a, K.2.b, and E.2.c. The applicant demonstrated a long history of responsible behavior and security clearance without prior incidents. His actions were found to be influenced by significant personal stressors, specifically his wife's health issues at the time.
Ultimately, the applicant expressed genuine remorse and a commitment to adhere to security protocols moving forward. Given these circumstances, the judge determined that the applicant's actions were influenced by unique personal circumstances and that he demonstrated a commitment to following security protocols, leading to the decision to grant his security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a long history of responsible behavior and security clearance without prior incidents.
- The applicant's actions were influenced by significant personal stressors, including his wife's health issues.
- The applicant expressed genuine remorse and a commitment to adhere to security protocols moving forward.
Conditions Referenced
- K.1.braisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.1.graisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- K.2.aappliedSo 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
- K.2.bappliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- E.2.cnotedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline and May Not Be Sufficient by Itself for an Adverse Determination
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 15, 2009
- Answer filedFeb 5, 2009
- Hearing heldJun 29, 2009
- Decision date—
Cite For
- Mitigation of Security Concerns Under Guideline K Due to Unique Personal Circumstances
- Consideration of the Whole Person Concept in Security Clearance Decisions
- The Importance of Remorse and Commitment to Future Compliance in Adjudicating Security Clearance Cases.