Summary
A 45-year-old Systems Engineer with a Master's Degree in Engineering was denied a security clearance due to concerns across multiple guidelines, including Foreign Influence, Personal Conduct, Criminal Conduct, and Handling Protected Information. The denial stemmed from a history of security violations, criminal activity involving classified information, significant foreign family ties, and poor personal conduct.
Specifically, the Applicant was found to have knowingly and improperly transported a classified viewgraph to his private residence in 1997, stored it without authorization, and disclosed classified information to an unauthorized person. These actions violated company rules and DoD regulations. In 2002, he was charged by the U.S. Attorney's Office for Unauthorized Removal and Retention of a Classified Document, pled guilty to one count, was convicted, and fined $500.00.
Further concerns included the Applicant's ten-year-old daughter, born in the U.S. but residing and attending public school in South Korea, where she is presumed to be a citizen. His sister is also a citizen and resident of South Korea. The judge determined that the Applicant's security violations, criminal conduct, gambling habit, and poor personal conduct demonstrated questionable judgment, untrustworthiness, and unreliability, with insufficient evidence of rehabilitation to mitigate these issues.
Why the Applicant Was Denied
- The Applicant had a history of security violations involving unauthorized removal and disclosure of classified information.
- The Applicant was convicted of a crime related to the unauthorized retention of classified documents.
- The Applicant's significant foreign family ties raised concerns about potential foreign influence and compromise of classified information.
- The Applicant's poor personal conduct indicated a lack of trustworthiness and reliability.
Conditions Referenced
- K.1raisedUnauthorized Disclosure of Classified Information
- K.2raisedViolations That Are Deliberate or Multiple or Due to Negligence
- J.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.2raisedA Single Serious Crime or Multiple Lesser Offenses
- B.1raisedAn Immediate Family Member, or Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country
- E.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Pressure
- E.5raisedA Pattern of Dishonesty or Rule Violations; to Include Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency
Key Rule Quoted
“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations, at all times and in all places.”
Procedural Posture
- SOR issuedOct 28, 2005
- Answer filedDec 15, 2005
- Hearing heldAug 30, 2006
- Decision dateDec 29, 2006
Cite For
- Security Violations Leading to Criminal Prosecution Under Guideline J
- Foreign Influence Concerns Under Guideline B Due to Family Ties Abroad
- Poor Personal Conduct Impacting Trustworthiness Under Guideline E