Summary
This case concerns a 53-year-old mission systems engineer whose security clearance was initially reviewed under Guideline I (Psychological Conditions). The Statement of Reasons raised concerns regarding the applicant's psychological conditions, citing disqualifying conditions AG ¶ 28(a), AG ¶ 28(b), AG ¶ 28(c), and AG ¶ 28(d).
However, the applicant successfully mitigated these concerns. The administrative judge applied mitigating conditions AG ¶ 29(a), AG ¶ 29(b), AG ¶ 29(d), and AG ¶ 29(e). The decision to grant the clearance was based on several factors: the applicant demonstrated ongoing and consistent compliance with his treatment plan, and a qualified psychiatrist provided a favorable prognosis, confirming no current psychological issues.
Furthermore, the applicant's previous symptoms were fully resolved and under control. Based on this evidence, the administrative judge found the applicant's mental health to be under control and granted him eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated ongoing and consistent compliance with his treatment plan.
- A qualified psychiatrist provided a favorable prognosis, indicating no current psychological issues.
- The applicant's previous symptoms were fully resolved and under control.
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 Hospitalization
- AG ¶ 28(d)raisedFailure to Follow a Prescribed Treatment Plan Related to a Diagnosed Psychological/psychiatric Condition
- 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(d)appliedThe Past Psychological/psychiatric Condition Was Temporary, the Situation Has Been Resolved, and the Individual No Longer Shows Indications of Emotional Instability
- AG ¶ 29(e)appliedThere Is No Indication of a Current Problem
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 26, 2019
- Answer filedApr 19, 2019Applicant responded pro se.
- Hearing heldNov 7, 2019Applicant proceeded pro se.
- Decision dateMay 17, 2021
Cite For
- Mitigation of Psychological Conditions Under Guideline I
- Importance of Ongoing Treatment and Compliance for Security Clearance
- Evaluation of Mental Health Concerns in the Context of the Whole-person Concept