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KEYWORD: Guideline F DIGEST: The record supports DOHA's jurisdiction in this case. Applicant is seeking a Top Secret clearance. His current clearance is at the Secret level. Under DOD 5220.22M (the

David N. Liner, Esq., Esq. Thomas R. Schmuck er David D. Bighorn Paul B. Dylan, Esq. Richard W. Pfeiffer Marlene D. Pfeiffer Michael S. Rosenbaum Matthew J. Cochin Kathy T. Blythe Attachment Exhibit A: A file review of the EIS; Attachment Exhibit B: An e-mail exchange between the DoD and AIM. EIS NUMBER: 01.28.06.01 INSTRUCTIONS DISCUSSION: Applicant was the lead applicant regarding an application for a Top Secret security clearance. In accordance with the “Processed in a Priority Order (POA): In this case, Applicant attempted to utilize an e-mail system (e-mail on a non-Department-of- Defense computer; using a personal e-mail account created as a non-Department-of- Defense account; and having insufficient information to establish an “ongoing, 'regular, active' connection) to send information about the application to those who were able to see such email messages on other systems on the Internet. The DoD informed Applicant that his attempts to use the network to send information would be deemed a 'cyber threat' under DoD regulations. As a result of this decision, Applicant was denied Top Secret Defense Information. The EIS does not discuss the specific facts of this case. There was no finding or recommendation entered for, or determination made by, the Board regarding any alleged wrongdoing on the part of Applicant or the Defense Department. Adverse decision affirmed. CASINO: 09-05838.a1 DURATION: 06/25/2010 to 11/1/2010 COUNSEL REPORT: A complete administrative record is attached. CASINO: 09-05838.a1 DATE: 06/25/2010 DATE: June 25, 2010, ADJECTIVE: NEGATIVE (1) The EIS documents, in this case, clearly illustrate that Applicant's conduct did not comply with the regulations regarding the handling of classified information in the workplace. In particular, the security clearance application at issue was submitted through an electronic network that he had not authorized, that in many cases, he had no control over, and, in other instances, was not even on Department systems to which he made the submission.

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