Summary
A 39-year-old technician specialist, employed by a federal contractor, was granted a security clearance despite concerns raised under Guideline K, which addresses the handling of protected information. The Statement of Reasons detailed three specific incidents. First, the applicant incorrectly signed the mark-out column on a laboratory security record. Second, on October 26, 2004, he triggered a laboratory alarm by failing to deactivate it before entry. Third, on March 23, 2007, he neglected to have a coworker verify that both vault locks were secured before he left the area. These incidents raised disqualifying conditions K.1.g and K.1.h.
However, several mitigating conditions were applied, specifically K.2.b and K.2.c. The applicant admitted all allegations, took responsibility for his actions, and demonstrated a positive attitude toward security responsibilities. He responded favorably to counseling and training, indicating a commitment to improvement.
Crucially, the applicant's employer expressed confidence in his ability to comply with security procedures and even appointed him as a trainer for other employees. This positive employer assessment, combined with the applicant's demonstrated accountability and responsiveness to corrective measures, led to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant admitted all allegations and took responsibility for his actions.
- He demonstrated a positive attitude towards security responsibilities and responded favorably to counseling and training.
- The applicant's employer expressed confidence in his ability to comply with security procedures and appointed him as a trainer for other employees.
Conditions Referenced
- K.1.graisedFailure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- K.1.hraisedNegligence or Lax Security Habits That Persist Despite Counseling by Management
- K.2.bappliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- K.2.cappliedThe Security Violations Were Due to Improper or Inadequate Training
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 24, 2009
- Answer filedApr 8, 2009
- Hearing heldJul 8, 2009
- Decision dateSep 9, 2009
Cite For
- Mitigation of Security Concerns Under Guideline K Due to Positive Employer Evaluations
- Impact of Remedial Training on Security Clearance Eligibility
- Consideration of the Whole Person Concept in Security Clearance Decisions