Summary
A 48-year-old former U.S. military master sergeant was granted a security clearance despite concerns raised under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The primary issue involved the applicant taking a binder containing classified information home upon retirement and storing it in a closet. This action led to his removal from a contract and subsequent employment termination in 2010 after the material was returned to the MCIO. Additionally, in 2000, the applicant received a letter of counseling for identifying himself as a special agent in a personal situation, which was considered an abuse of position.
Disqualifying conditions under Guideline K included K.33, K.34(b), and K.34(g), while E.15 was cited under Guideline E. However, the judge applied mitigating conditions K.35(a) and E.17(c).
The clearance was granted because the judge found the applicant's mishandling of classified information to be a one-time error. This was mitigated by his credible remorse, strong military record, positive character references, and the unusual circumstances surrounding the incident, making recurrence unlikely.
Why the Applicant Prevailed
- The applicant demonstrated credible remorse for his past actions regarding mishandling classified information.
- The applicant's strong military record and character references supported his trustworthiness.
- The incident was a one-time occurrence unlikely to recur, mitigating the security concerns.
Conditions Referenced
- K.33raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified or Other Sensitive Information
- K.34(b)raisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- E.15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- K.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
- E.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 and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJul 28, 2014
- Answer filedAug 25, 2014
- Hearing heldOct 23, 2014
- Decision dateDec 19, 2014
Cite For
- Mitigation of Security Concerns Under Guideline K Due to Unusual Circumstances
- Application of the Whole-person Concept in Security Clearance Decisions
- Consideration of Credible Remorse in Security Clearance Evaluations