Summary
A 61-year-old government contractor working with NATO was denied a security clearance under Guidelines E (Personal Conduct), K (Handling Protected Information), and M (Use of Information Technology). The denial stemmed from the applicant's unauthorized storage and deletion of classified documents.
Specifically, the applicant stored NATO Confidential, NATO Secret, and U.S. Secret documents on an unregistered laptop, an external hard drive, and at home, all in violation of security regulations. He also accessed commercial internet providers while the laptop contained classified information, failing to safeguard the data. Furthermore, the applicant attempted to conceal his actions by deleting and overwriting classified documents from his laptop before providing it to government investigators.
The judge found that these actions demonstrated a willful violation of security protocols, undermining trustworthiness and reliability. The applicant's claims of insufficient knowledge or improper training were deemed not credible, given his extensive military background and experience handling classified information. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant stored classified documents in unauthorized locations, including a laptop and external hard drive.
- He deleted classified documents prior to providing his laptop to investigators, indicating an attempt to conceal his actions.
- The applicant's claims of lack of knowledge and improper training were deemed not credible given his extensive military background and experience with classified information.
Conditions Referenced
- K.1.braisedHandling Protected Information
- K.1.craisedHandling Protected Information
- K.1.graisedHandling Protected Information
- E.1raisedPersonal Conduct
- K.2.arejectedHandling Protected InformationThe applicant's violations were not infrequent or under unusual circumstances.
- K.2.brejectedHandling Protected InformationThe applicant's claims of improved understanding and attitude were not credible.
- K.2.crejectedHandling Protected InformationThe applicant was adequately trained in handling classified documents.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 22, 2010
- Answer filedJan 20, 2011Requested a hearing.
- Hearing heldJun 28, 2011
- Decision dateSep 19, 2011
Cite For
- Denial of Clearance Due to Unauthorized Handling of Classified Information
- Failure to Mitigate Security Concerns Under Guidelines E and K
- Credibility Issues Regarding Applicant's Claims of Lack of Knowledge and Training