Summary
A 51-year-old U.S. citizen, employed as a principal scientist for NATO, was granted a security clearance despite concerns under Guideline K, which addresses the handling of protected information. The Statement of Reasons detailed multiple security violations involving NATO NR (NATO Restricted) materials. These included sending NATO NR material to an unclassified laptop in November 2013, leaving NATO NR documents in unlocked desk drawers in September 2011 and November 2006, emailing a document with NATO NR information to an unclassified laptop in April 2010, and leaving a NATO classified safe open and unattended in March 2008.
Disqualifying conditions related to mishandling protected information were raised. However, the decision to grant clearance was based on several mitigating factors. The applicant demonstrated significant changes in behavior to prevent future security violations, with the most recent incident occurring over two years prior to the decision, indicating a period of reform.
Furthermore, the applicant's work performance and character were highly regarded by colleagues and supervisors. These factors collectively led to the determination that the applicant had sufficiently mitigated the security concerns, resulting in the granting of the security clearance.
Why the applicant prevailed
- The applicant demonstrated significant changes in behavior to prevent future security violations.
- The most recent security violation occurred over two years prior, indicating a period of reform.
- The applicant's work performance and character were highly regarded by colleagues and supervisors.
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 a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural posture
- SOR issuedFeb 21, 2015
- Answer filedApr 1, 2015
- Hearing heldOct 28, 2015
- Decision dateDec 31, 2015
Cite for
- Demonstrating Rehabilitation After Multiple Security Violations
- The Impact of Time Elapsed on Security Clearance Decisions
- The Importance of Positive Work Performance and Character References in Security Clearance Evaluations.