Summary
A 61-year-old former Marine Corps lieutenant colonel was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). These concerns stemmed from 19 security violations that occurred between 2004 and 2008. The applicant admitted to the factual allegations outlined in the Statement of Reasons.
Disqualifying conditions were raised under Adjudicative Guidelines (AG) ¶ 34(g) and AG ¶ 34(h). However, the decision to grant the clearance was supported by several mitigating factors, specifically AG ¶ 35(a) and AG ¶ 35(b).
The applicant demonstrated a significant and sustained change in behavior and office procedures, resulting in no further security violations from 2008 to 2011. He expressed credible remorse and took full responsibility for his past actions. Furthermore, the most recent security violation was considered temporally remote, having occurred over five years prior to the decision.
Why the Applicant Prevailed
- The applicant demonstrated a significant period without security violations after changing his behavior and office procedures.
- He expressed credible remorse and took responsibility for his past actions.
- The most recent security violation occurred over five years ago, making it temporally remote.
Conditions Referenced
- 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, or It Has Happened so Infrequently or Under Such Unusual Circumstances, 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 Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
Key Rule Quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedFeb 24, 2014
- Answer filedApr 8, 2014
- Hearing heldJul 30, 2014via video teleconference
- Decision dateAug 29, 2014
Cite For
- Mitigating Conditions for Past Security Violations Under Guideline K
- Temporal Remoteness of Security Violations as a Factor in Clearance Decisions
- Consideration of Credible Remorse and Change in Behavior in Security Clearance Evaluations.