Summary
A 30-year-old test engineer, holding a bachelor's degree and nearing completion of a master's, was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The Statement of Reasons cited the applicant's unreliable behavior and a pattern of rule violations, specifically noting the improper completion of an equipment transfer form. These issues raised disqualifying conditions under both guidelines, including K.1.a, K.1.h, E.16.d.1, and E.16.d.3.
However, the judge applied mitigating conditions K.34.b, E.17.c, and E.17.d. Key factors in the decision included the nearly three-year period since the applicant's last security violation, demonstrating a significant time elapsed without further incidents.
The applicant also showed increased maturity and a greater focus on detail in his work since the last violation. Furthermore, strong endorsements from supervisors attested to the applicant's rehabilitation and current reliability. These mitigating factors were deemed to outweigh the seriousness of the past conduct, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant has not committed a security violation in nearly three years.
- The applicant has matured and focused more on detail in his work since the last violation.
- Strong endorsements from supervisors supported the applicant's rehabilitation and current reliability.
Conditions Referenced
- K.1.araisedFailure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- K.1.hraisedNegligence or Lax Security Habits That Persist Despite Counseling by Management
- E.16.d.1raisedUnreliable Behavior
- E.16.d.3raisedA Pattern of Rule Violations
- K.34.bappliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
- E.17.cappliedSo Much Time Has Passed Since the Conduct That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- E.17.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused the Untrustworthy, Unreliable, or Other Inappropriate Behavior
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 issuedDec 12, 2014
- Answer filedDec 22, 2014
- Hearing heldDec 9, 2015Hearing held as scheduled.
- Decision dateMar 31, 2016
Cite For
- Mitigation of Security Concerns Due to Elapsed Time Since Last Violation
- Importance of Rehabilitation and Supervisor Endorsements in Security Clearance Cases
- Application of Whole-person Concept in Evaluating Security Clearance Eligibility