Summary
A security clearance was granted to a former U.S. Army service member despite concerns under Guideline K, which addresses the handling of protected information. The Statement of Reasons detailed five admitted security violations that occurred between April 2008 and July 2010 while the applicant was employed at Employer 3. These allegations raised disqualifying conditions related to security infractions.
However, several mitigating conditions were applied, leading to the favorable outcome. The decision noted that nearly four years had passed since the applicant's last security violation, demonstrating a significant period without further incidents.
Furthermore, the applicant's current supervisor provided strong testimony affirming her trustworthiness and reliability in handling classified information. The applicant also showed a credible understanding of her past errors and a commitment to adhering to security protocols in her current position. Based on these factors, the security clearance was granted.
Why the applicant prevailed
- The applicant's last security violation occurred nearly four years prior to the decision, indicating a significant lapse of time without further incidents.
- The applicant's current supervisor provided strong testimony regarding her trustworthiness and reliability in handling classified information.
- The applicant demonstrated a credible understanding of her past mistakes and a commitment to maintaining security protocols in her current role.
Conditions referenced
- AG ¶ 34(c)raisedLoading Classified Reports, Data, or Other Information on Any Unapproved Equipment
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- AG ¶ 34(h)raisedNegligence or Lax Security Habits That Persist Despite Counseling by Management
- AG ¶ 35(a)appliedSo Much Time Has Elapsed Since the Behavior That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 35(b)appliedThe Individual Has Demonstrated a Positive Change in Behavior
Key rule quoted
“Once it is established that an applicant has committed security violations, he or she has a ‘very heavy burden’ to surmount in mitigating the concerns arising therefrom, insofar as security violations ‘strike at the heart of the Industrial Security Program.’”
Procedural posture
- SOR issuedAug 7, 2013
- Answer filedAug 31, 2013
- Hearing heldOct 24, 2013
- Decision dateMay 7, 2014Decision on remand.
Cite for
- Mitigation of Security Violations Under Guideline K
- Importance of Time Elapsed Since Last Infraction in Security Clearance Decisions
- Weight of Supervisor Testimony in Assessing Applicant's Current Reliability