Summary
This case involved a 53-year-old defense contractor employee whose security clearance was initially questioned under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The primary concern stemmed from a 2006 incident where the applicant copied classified information into a notebook without authorization and failed to ensure its proper safeguarding. This raised disqualifying conditions related to the mishandling of protected information and personal conduct.
However, the judge ultimately granted the security clearance, finding that the applicant had successfully mitigated these concerns. Key factors in this decision included the applicant's clean record, with no security infractions since the 2006 incident. She also completed individualized security training, demonstrating a clear understanding of her responsibilities regarding classified information.
The judge concluded that the original incident was isolated and influenced by a language barrier, rather than a pattern of disregard for security protocols. Based on these mitigating factors, the applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant has not had any security infractions since the incident in 2006.
- She received individualized security training and demonstrated understanding of her responsibilities.
- The judge found the applicant's actions to be an isolated incident influenced by a language barrier.
Conditions Referenced
- K.33raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified or Other Sensitive Information
- K.34(b)raisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.34(e)raisedCopying Classified or Other Protected Information in a Manner Designed to Conceal or Remove Classification or Other Document Control Markings
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- E.15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- 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(c)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
- E.17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- E.17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 24, 2010
- Answer filedApr 6, 2010
- Hearing heldAug 11, 2010
- Decision dateNot specified
Cite For
- Mitigation of Security Concerns Under Guideline K Due to Isolated Incidents
- Application of the Whole-person Concept in Security Clearance Decisions
- Consideration of Language Barriers in Assessing Security Violations