Summary
A 64-year-old international marketing manager for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline K (Handling Protected Information). The denial stemmed from multiple security violations and personal conduct issues, leading the judge to conclude that granting a clearance was not consistent with national interest.
Specifically, the applicant knowingly and willfully failed to follow security requirements for NATO Confidential information. This included circumventing regulations by retaining classified material on a CD at his private residence without approval, failing to physically mark the CD with appropriate security markings, and storing it in an unapproved container. Furthermore, the applicant knowingly and willfully conspired with another individual to avoid notifying security officials about the improper receipt of this classified information.
The denial was based on the applicant's failure to properly secure classified information and report the violation. His actions demonstrated a pattern of disregard for security protocols, including a previous ITAR violation. An agreement with a project manager to continue using classified materials further highlighted questionable judgment, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant failed to properly secure classified information on a CD and did not report the security violation to officials.
- Applicant's actions demonstrated a pattern of disregard for security protocols, including a previous ITAR violation.
- The applicant's agreement with a project manager to continue using classified materials further indicated questionable judgment.
Conditions Referenced
- DC 2appliedDeliberate Failure to Comply with Security Regulations
- DC 4appliedQuestionable Judgment and Unreliability
- DC 5appliedPattern of Rules Violations
- MC 4rejectedRemorse and ContritionWhile the applicant appeared remorseful, the judge found that this did not outweigh the severity of the violations.
- MC 5rejectedSignificant Steps to Reduce VulnerabilityThe applicant's actions to secure materials were only taken after being confronted by security officials.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJul 19, 2002
- Answer filedNov 26, 2002
- Hearing heldApr 29, 2003
- Decision dateMay 27, 2003
Cite For
- Security Violations Under Guideline K
- Personal Conduct Issues Under Guideline E
- The Importance of Compliance with Security Protocols in Maintaining a Security Clearance