Summary
A 56-year-old senior designer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), Guideline I (Psychological Conditions), and Guideline J (Criminal Conduct). Disqualifying conditions were raised under AG ¶ 28(a), (b), (c); AG ¶ 31(a), (b), (c); AG ¶ 25(a), (b), (d), (f); AG ¶ 22(a), (c), (d); and AG ¶ 16(a).
Despite a long employment history and positive character references, the applicant's history of mental health issues, including bipolar disorder, was a primary concern. He also admitted to using marijuana while holding a security clearance and was on probation for a felony conviction. Furthermore, the applicant admitted to falsifying security clearance applications regarding his drug use.
Mitigating conditions were applied under AG ¶ 29(a), (b), (c), (d), (e); and AG ¶ 23(a), (b), (d). However, the judge determined that the applicant's psychological conditions negatively impacted his judgment, reliability, and trustworthiness. The judge emphasized the importance of trust in national security roles, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant's psychological conditions negatively impacted his judgment, reliability, and trustworthiness.
- He used marijuana while holding a security clearance and was on probation for a felony conviction.
- The applicant admitted to falsifying security clearance applications regarding drug use.
Conditions Referenced
- AG ¶ 28(a)appliedBehavior That Casts Doubt on an Individual’s Judgment, Stability, Reliability, or Trustworthiness
- AG ¶ 28(b)appliedAn 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)appliedVoluntary or Involuntary Hospitalization
- AG ¶ 31(a)appliedA Pattern of Minor Offenses That Cast Doubt on the Individual’s Judgment, Reliability, or Trustworthiness
- AG ¶ 31(b)appliedEvidence of Criminal Conduct, Regardless of Whether the Individual Was Formally Charged, Prosecuted, or Convicted
- AG ¶ 31(c)appliedIndividual Is Currently on Parole or Probation
- AG ¶ 25(a)appliedAny Substance Misuse
- AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
- AG ¶ 25(d)appliedDiagnosis of Substance Use Disorder
- AG ¶ 25(f)appliedAny Illegal Drug Use While Granted Access to Classified Information
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 29(a)rejectedThe Identified Condition Is Readily Controllable with TreatmentThe applicant has not demonstrated ongoing and consistent compliance with treatment.
- AG ¶ 29(b)rejectedThe Individual Has Voluntarily Entered a Counseling or Treatment ProgramThe applicant's mental health issues have not been fully addressed.
- AG ¶ 29(c)rejectedRecent Opinion by a Qualified Mental Health Professional That the Condition Is Under ControlThe applicant's prognosis was deemed guarded.
- AG ¶ 29(d)rejectedThe Past Psychological Condition Was Temporary and ResolvedThe applicant continues to struggle with mental health issues.
- AG ¶ 29(e)rejectedNo Indication of a Current ProblemThe applicant's issues persist.
- AG ¶ 23(a)rejectedSo Much Time Has Passed Since the Criminal BehaviorThe applicant remains on probation and has a recent history of criminal conduct.
- AG ¶ 23(b)appliedAcknowledgment of Maladaptive Alcohol UseThe applicant has maintained abstinence from alcohol since September 2016.
- AG ¶ 23(d)rejectedSuccessful Completion of a Treatment ProgramThe applicant has not demonstrated a clear pattern of rehabilitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 9, 2019
- Answer filedMay 30, 2019
- Hearing heldSep 23, 2019
- Decision dateNov 21, 2019
Cite For
- Impact of Psychological Conditions on Judgment Under Guideline I
- Criminal Conduct Affecting Security Clearance Eligibility Under Guideline J
- Substance Misuse and Its Implications for Security Clearance Under Guideline H