Summary
A 36-year-old former defense contractor employee was denied a security clearance due to significant misconduct involving the unauthorized use of a personal external drive. The applicant connected this high-volume personal disk to a government computer system and downloaded classified information. This action was unauthorized and not a result of inadequate training.
The denial was based on Guideline E (Personal Conduct), Guideline K (Handling Protected Information), and Guideline M (Use of Information Technology). Disqualifying conditions raised included K.1, K.2, M.1, M.3, M.4, and E.5. While mitigating conditions K.2, M.1, and M.4 were applied, they were insufficient to overcome the security concerns.
The applicant failed to act promptly to correct the misconduct and did not provide a convincing explanation for his actions. Given his prior acknowledgment of security responsibilities and the nature of his work, the unauthorized download of classified information raised significant doubts about his trustworthiness, leading to the denial of his clearance.
Why the Applicant Was Denied
- The applicant's unauthorized use of a personal external drive to download classified information was significant and not authorized.
- The applicant did not act promptly to correct his misconduct and failed to convincingly explain his actions during the incident.
- The applicant's prior acknowledgment of security responsibilities and the nature of his work raised doubts about his trustworthiness.
Conditions Referenced
- K.1raisedUnauthorized Disclosure of Classified Information
- K.2raisedViolations That Are Deliberate or Multiple or Due to Negligence
- M.1raisedIllegal or Unauthorized Entry Into Any Information Technology System
- M.3raisedRemoval (or Use) of Hardware, Software or Media From Any Information Technology System Without Authorization
- M.4raisedIntroduction of Hardware, Software or Media Into Any Information Technology System Without Authorization
- E.5raisedA Pattern of Dishonesty or Rule Violations
- K.2appliedWere Isolated or Infrequent
- M.1rejectedThe Misuse Was Not Recent or Significant
- M.4rejectedThe Misuse Was an Isolated Event
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJul 10, 2002
- Answer filedAug 7, 2002Applicant requested an administrative decision on the record.
- Hearing held—
- Decision dateDec 6, 2002
Cite For
- Significant Misconduct Involving Unauthorized Use of Personal External Drives Under Guideline K
- Failure to Mitigate Security Concerns Related to Personal Conduct Under Guideline E
- Trustworthiness Issues Arising From Violations of Security Protocols Under Guideline M