Summary
A 61-year-old Program Manager with a Master's Degree in Engineering was denied a security clearance due to concerns under Guidelines E (Personal Conduct), K (Handling Protected Information), and L (Outside Activities). The denial stemmed from multiple security violations, unreported outside activities, and a lack of candor.
Specifically, the applicant committed three security violations, including failing to secure two classified diskettes and transmitting Secret information via an unclassified email in December 2007, both while employed by a defense contractor. Additionally, his Special Program Access was revoked by another government agency in 2002, partly due to unreported foreign business activities and work as a consultant for a foreign national.
The applicant also failed to disclose outside employment as a consultant for a manufacturing company from 1998 to 1999 while simultaneously working for a defense contractor. He did not report this due to concerns about unauthorized sharing of proprietary information. Furthermore, he failed to list this employment and the revocation of his Special Program Access on his security clearance applications, demonstrating a pattern of dishonesty and lack of candor.
Why the Applicant Was Denied
- The applicant committed three security violations involving mishandling classified information.
- He failed to report outside employment that posed a conflict of interest with his security responsibilities.
- The applicant demonstrated a pattern of dishonesty and lack of candor in his security clearance applications.
Conditions Referenced
- K.34(a)raisedDeliberate or Negligent Disclosure of Classified or Other Protected Information to Unauthorized Persons
- K.25(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- K.25(h)raisedNegligence or Lax Security Habits That Persist Despite Counseling by Management
- L.37(a)raisedAny Employment or Service, Whether Compensated or Volunteer, with a Foreign National, Organization, or Other Entity
- L.37(b)raisedFailure to Report or Fully Disclose an Outside Activity When This Is Required
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas That Supports a Whole-person Assessment of Questionable Judgment
- E.16(d)raisedCredible Adverse Information That Supports a Whole-person Assessment of Questionable Judgment
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedMar 7, 2011
- Answer filedApr 4, 2011
- Hearing heldAug 17, 2011
- Decision dateNov 22, 2011
Cite For
- Security Violations Under Guideline K
- Unreported Outside Activities Under Guideline L
- Lack of Candor Under Guideline E