Summary
A 49-year-old retired Army lieutenant colonel and defense contractor consultant was denied a security clearance under Guideline K (Handling Protected Information) due to gross negligence in managing classified material. The applicant was found to have received, stored, and worked with classified information at his home office, which violated his consulting agreements. These agreements stipulated that classified material should only be possessed on contractor premises or at the supported government agency.
Furthermore, the applicant's home office and the safe used for storage were not certified for classified material storage by the appropriate government agency, as required by the NISPOM. He also viewed classified material on his personal laptop, which was not certified for such use. Despite being informed that his home office lacked a facility security clearance, he proceeded to handle classified information there.
The judge also noted that the applicant permitted an individual without a security clearance to witness the destruction of classified material. These actions collectively led to the denial of his security clearance, citing his failure to adhere to security protocols and his consulting agreements.
Why the applicant was denied
- The applicant received, stored, and worked with classified material at his home office in violation of his consulting agreements.
- He failed to obtain a facility security clearance for his home office despite being informed of the requirement.
- The applicant allowed an uncleared individual to witness the destruction of classified material.
Conditions referenced
- AG ¶ 34(b)raisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- AG ¶ 33(c)raisedLoading, Drafting, Editing, Modifying, Sorting, Transmitting, or Otherwise Handling Classified Reports, Data, or Other Information on Any Unapproved Equipment
- AG ¶ 33(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
Key rule quoted
“The deliberate or negligent failure to comply with rules and regulations for protecting classified or other sensitive information raises doubt about an individual’s trustworthiness, judgment, reliability, or willingness and ability to safeguard such information, and is a serious security concern.”
Procedural posture
- SOR issuedJan 31, 2011
- Answer filedFeb 24, 2011
- Hearing heldJun 22, 2011Applicant waived the 15 days notice requirement.
- Decision dateSep 27, 2011
Cite for
- Improper Handling of Classified Information Under Guideline K
- Gross Negligence in Security Protocol Adherence
- Failure to Obtain Necessary Facility Security Clearance for Home Office