Summary
A 32-year-old male applicant with an information technology background and prior military service was granted a security clearance despite concerns under Guidelines E (Personal Conduct), K (Handling Protected Information), and M (Use of Information Technology). The Statement of Reasons detailed several allegations, including the mishandling of classified information and unauthorized use of IT systems.
Specifically, the applicant brought a 'secret' classified document home, stored it for approximately two years, and then destroyed it without reporting the incident. He also copied a classified document on an unclassified machine. Additionally, he engaged in unauthorized use of a government IT system and introduced, removed, or duplicated hardware, firmware, software, or media to or from an IT system without authorization.
The judge ultimately granted the clearance, finding that the applicant had matured and demonstrated a renewed commitment to security responsibilities. Mitigating conditions were applied because the applicant took full responsibility for his actions, did not offer excuses, and displayed a mature and responsible attitude toward his conduct. The time elapsed since the infractions and his positive attitude toward security responsibilities also contributed to the decision.
Why the Applicant Prevailed
- Applicant took full responsibility for his actions and did not offer excuses.
- He demonstrated a mature and responsible attitude toward his conduct.
- The judge found mitigating conditions applied due to the time elapsed since the infractions and the applicant's positive attitude toward security responsibilities.
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
- M.1.araisedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- M.1.eraisedUnauthorized Use of a Government or Other Information Technology System
- M.1.fraisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System Without Authorization
- E.1.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.1.eraisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- 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
- K.2.bappliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- M.2.aappliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur
- E.2.cappliedThe 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.2.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors
- E.2.eappliedThe 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 issuedOct 8, 2010
- Answer filedDec 10, 2009
- Hearing heldMay 3, 2010
- Decision date—
Cite For
- Mitigation of Security Concerns Under Guideline K, M, and E
- Consideration of the Whole-person Concept in Security Clearance Decisions
- Importance of Maturity and Acknowledgment of Past Conduct in Security Clearance Evaluations