Summary
A software engineer in their early twenties was initially denied a security clearance under Guideline I, Psychological Conditions. The denial cited concerns related to major depressive disorder. However, the applicant appealed this decision, presenting evidence of significant improvement and consistent engagement with their treatment plan.
The appeal judge ultimately granted the security clearance. This favorable outcome was based on several mitigating factors. Crucially, the applicant's major depressive disorder was determined to be in full remission. Furthermore, the applicant demonstrated ongoing compliance with their prescribed treatment regimen.
The decision was also supported by a favorable prognosis from the applicant's current mental health professionals, indicating a positive outlook for their continued well-being. These factors collectively led to the determination that the security clearance should be granted.
Why the Applicant Prevailed
- The applicant's major depressive disorder was found to be in full remission.
- The applicant demonstrated ongoing compliance with their treatment plan.
- The applicant's current mental health professionals provided a favorable prognosis.
Conditions Referenced
- AG ¶ 28(a)raisedBehavior That Casts Doubt on an Individual’s Judgment, Stability, Reliability, or Trustworthiness
- AG ¶ 28(b)raisedAn Opinion by a Duly Qualified Mental Health Professional That the Individual Has a Condition That May Impair Judgment, Stability, Reliability, or Trustworthiness
- AG ¶ 28(c)raisedVoluntary or Involuntary Inpatient Treatment
- AG ¶ 29(a)appliedThe Identified Condition Is Readily Controllable with Treatment, and the Individual Has Demonstrated Ongoing and Consistent Compliance with the Treatment Plan
- AG ¶ 29(b)appliedThe Individual Has Voluntarily Entered a Counseling or Treatment Program for a Condition That Is Amenable to Treatment, and the Individual Is Currently Receiving Counseling or Treatment with a Favorable Prognosis by a Duly Qualified Mental Health Professional
- AG ¶ 29(c)appliedRecent Opinion by a Duly Qualified Mental Health Professional That an Individual’s Previous Condition Is Under Control or in Remission, and Has a Low Probability of Recurrence or Exacerbation
- AG ¶ 29(d)notedThe Past Psychological/psychiatric Condition Was Temporary, the Situation Has Been Resolved, and the Individual No Longer Has Indications of Emotional Instability
- AG ¶ 29(e)notedThere Is No Indication of a Current Problem
Key Rule Quoted
“A judge’s conclusions are often subjective in nature and are sustainable if they constitute reasonable inferences drawn from the evidence.”
Procedural Posture
- SOR issuedJul 27, 2023
- Answer filed—
- Hearing held—
- Decision dateJul 16, 2024Decision affirmed on appeal.
Cite For
- Mitigation of Psychological Conditions Under Guideline I
- Criteria for Establishing Remission of Mental Health Conditions
- Evaluation of Compliance with Treatment Plans in Security Clearance Cases