Summary
A 61-year-old defense contractor employee was granted a security clearance despite concerns under Guideline K (Handling Protected Information) and Guideline M (Use of Information Technology). The Statement of Reasons detailed several allegations: the applicant took classified discs home, and on two separate occasions, attempted unauthorized remote logins to classified computer systems. These actions raised disqualifying conditions under both guidelines, specifically K.1.b, K.1.d, K.1.g, M.1.a, M.1.c, and M.1.e.
However, the judge applied mitigating conditions K.2.a, K.2.b, and M.2.a, ultimately granting the clearance. The decision highlighted the applicant's genuine remorse for his actions and his positive attitude toward security responsibilities.
The incidents were deemed honest mistakes, with the judge concluding they were unlikely to recur. Furthermore, multiple witnesses provided testimony attesting to the applicant's excellent character and strong job performance, contributing to the favorable outcome.
Why the applicant prevailed
- The applicant was remorseful for his actions and demonstrated a positive attitude towards security responsibilities.
- The incidents were characterized as honest mistakes, unlikely to recur under current circumstances.
- Numerous witnesses testified to the applicant's excellent character and job performance.
Conditions referenced
- K.1.braisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.1.draisedInappropriate Efforts to Obtain or View Classified or Other Protected Information Outside One’s Need to Know
- K.1.graisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- M.1.araisedIllegal or Unauthorized Entry Into Any Information Technology System or Component Thereof
- M.1.craisedUse of Any Information Technology System to Gain Unauthorized Access to Another System or to a Compartmented Area Within the Same System
- M.1.eraisedUnauthorized Use of a Government or Other Information Technology System
- K.2.aappliedSo 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
- K.2.bappliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- M.2.aappliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJul 9, 2014
- Answer filedJul 29, 2014
- Hearing heldOct 21, 2014reconvened on 10/23/2014
- Decision dateOct 30, 2014
Cite for
- Mitigation of Security Concerns Under Guidelines K and M
- Consideration of Applicant's Character and Job Performance in Security Clearance Decisions
- Application of the Whole-person Concept in Adjudicating Security Clearance Cases