The allegation against MAJ Donald Smith, stating that he improperly handled sensitive information transmitting it over non-government means in violation of AR 380-5, paragraph 5-5 and AR 25-2 para 4-20.f(5)&(6) is substantiated.
- According to MSG Michael Behrens’s sworn statement (TAB E, EXHIBIT B1), dated 20160111, “In the September/October time frame I did respond to an email from MAJ Donald Smith where he asked me to send documents that were official Army business to a personal Gmail account. My response was that that was not within Army Regulation and I could not comply. His response was for me to send him the quote from AR 25-2 that prohibited the use of personal email for official Army business, which I did provide.”
- According to MAJ Smith’s oral interview (TAB E, EXHIBIT B2), when asked if he in fact had ever used his personal email to accomplish military duties, he stated, “Absolutely, I sent emails or texts with requests at …show more content…
MAJ Smith is mission ineffective if he does not have a valid TS level clearance, in accordance with his Military Intelligence Branch requirements. It is highly questionable as to why MAJ Smith did not begin this PSIP until December 2015, when it was brought to his attention in 29 May 2015. This lapse in time is unacceptable, opening a huge set of questions in regards to his mission, his capability to execute missions without updating his TS clearance, and his ability to maintain important military