Summary
A 31-year-old engineer with a master's degree was granted a security clearance despite past violations under Guidelines K (Handling Protected Information) and M (Use of Information Technology). The Statement of Reasons detailed security violations in 2004, 2005, and 2009, which resulted in a written reprimand in 2004 and a suspension without pay in 2005, followed by additional training.
Disqualifying conditions raised included K.33, K.34(c), K.34(g), K.34(h), M.39, M.40(d), and M.40(g). However, the judge applied mitigating conditions K.35(a), K.35(b), K.35(c), M.41(a), and M.41(c).
The clearance was granted because the applicant's past actions were found to stem from inexperience and improper training, rather than deliberate misconduct. He demonstrated a positive attitude toward security, implemented new procedures to enhance compliance, and became a proponent of security best practices among his colleagues.
Why the applicant prevailed
- The applicant demonstrated a positive attitude toward security responsibilities and took remedial actions after past violations.
- He implemented new procedures to enhance security and has become a champion of compliance among his peers.
- The applicant's violations were attributed to inexperience and improper training, not deliberate misconduct.
Conditions referenced
- K.33raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified or Other Sensitive Information
- K.34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Classified Reports, Data, or Other Information on Any Unapproved Equipment
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- K.34(h)raisedNegligence or Lax Security Habits That Persist Despite Counseling by Management
- M.39raisedNoncompliance with Rules, Procedures, Guidelines or Regulations Pertaining to Information Technology Systems
- M.40(d)raisedDownloading, Storing, or Transmitting Classified Information on or to Any Unauthorized Software, Hardware, or Information Technology System
- M.40(g)raisedNegligence or Lax Security Habits in Handling Information Technology That Persists Despite Counseling by Management
- K.35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unique Circumstances That It Is Unlikely to Recur
- K.35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- K.35(c)appliedThe Security Violations Were Due to Improper or Inadequate Training
- M.41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur
- M.41(c)appliedThe Conduct Was Unintentional or Inadvertent and Was Followed by a Prompt, Good-faith Effort to Correct the Situation and by Notification of Supervisor
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedSep 10, 2010
- Answer filedOct 22, 2010
- Hearing heldMar 1, 2011
- Decision dateMar 24, 2011
Cite for
- Mitigation of Security Concerns Under Guidelines K and M Due to Inexperience and Training Issues
- Importance of Demonstrating a Positive Attitude Toward Security Responsibilities
- Application of the Whole-person Concept in Security Clearance Decisions