Summary
A 39-year-old military officer and government contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline K (Handling Protected Information), and Guideline M (Use of Information Technology). The applicant admitted to all allegations in the Statement of Reasons.
Specifically, the applicant improperly handled classified information by directing a contract employee to deliver classified materials to his residence in August 2007, despite knowing this violated security procedures, and instructed the individual to keep the violation secret. He also showed classified videos to his wife, who lacked a security clearance or need-to-know. Furthermore, the applicant altered classification markings on classified photographs without authorization and improperly stored classified information on his personal computer, violating military regulations.
These actions led to nonjudicial punishment under Article 92 of the Uniform Code of Military Justice. The judge determined that the applicant's conduct demonstrated a disregard for security protocols, resulting in a lack of trustworthiness, and therefore the security clearance was denied.
Why the Applicant Was Denied
- Applicant admitted to all allegations in the Statement of Reasons (SOR).
- Applicant directed a courier to deliver classified information to his residence, violating security protocols.
- Applicant showed classified material to his wife, who did not have a security clearance.
- Applicant altered classification markings on classified photographs without authority.
Conditions Referenced
- K.34(a)raisedDeliberate or Negligent Disclosure of Classified Information to Unauthorized Persons
- K.34(b)raisedCollecting or Storing Classified Information at Home or in Any Unauthorized Location
- K.34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Classified Information on Unapproved Equipment
- E.2.araisedDeliberate Failure to Comply with Rules and Regulations
- M.3.araisedUnauthorized Use of Information Technology Systems
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 14, 2009
- Answer filedDec 22, 2009
- Hearing heldMay 3, 2010
- Decision dateJul 29, 2010
Cite For
- Improper Handling of Classified Information Under Guideline K
- Disclosure of Classified Information to Unauthorized Persons Under Guideline E
- Use of Unapproved Equipment for Classified Information Under Guideline M