Summary
A 43-year-old aerospace engineer with a master's degree was granted a security clearance despite concerns raised under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology Systems). The Statement of Reasons alleged that the applicant used his company's network to copy company information, including sensitive data, onto a personal hard drive, which resulted in his termination.
Disqualifying conditions cited included AG ¶ 40(a), AG ¶ 40(c), AG ¶ 40(e), AG ¶ 40(f), and AG ¶ 16(d). However, the judge applied mitigating conditions AG ¶ 41(a) and AG ¶ 17(c).
The clearance was granted because the applicant was found to have acted in good faith when copying unclassified files for work purposes, with no evidence of malicious intent. Furthermore, there was no proof of a violation of specific company policies regarding file copying, and strong recommendations from coworkers supported the applicant's reliability and trustworthiness.
Why the applicant prevailed
- The applicant acted in good faith when copying unclassified files for work purposes.
- There was no evidence of a violation of specific company policies regarding the copying of files.
- Strong recommendations from coworkers supported the applicant's reliability and trustworthiness.
Conditions referenced
- AG ¶ 40(a)rejectedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- AG ¶ 40(c)rejectedUse of Any Information Technology to Gain Unauthorized Access to Another System or to a Compartmented Area Within the Same System
- AG ¶ 40(e)rejectedUnauthorized Use of a Government or Other Information Technology System
- AG ¶ 40(f)rejectedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System Without Authorization
- AG ¶ 16(d)rejectedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedFeb 8, 2013
- Answer filedMar 2, 2013
- Hearing heldMay 29, 2013
- Decision dateJul 10, 2013
Cite for
- Mitigation of Security Concerns Under Guideline M Regarding Use of Information Technology Systems
- Mitigation of Personal Conduct Concerns Under Guideline E
- Consideration of Good Faith Actions in the Context of Employment Disputes