Summary
A 38-year-old federal contractor was granted a security clearance despite a history of psychological conditions, specifically ADHD and Bipolar Disorder. The applicant admitted to the allegations under Guideline I (Psychological Conditions), which raised disqualifying concerns.
However, the applicant demonstrated significant mitigating factors. For over seven years, the applicant has maintained consistent compliance with treatment, leading to demonstrated stability in his mental health. Recent evaluations by qualified mental health professionals confirmed that the applicant's conditions are well-controlled and have a low probability of recurrence.
Furthermore, the applicant's work performance has been consistently rated as exceptional, with no evidence of current psychological issues impacting his job. Based on this evidence of stability, treatment compliance, and strong work performance, the judge found that the applicant successfully mitigated the security concerns, granting eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant has been compliant with treatment for over seven years, demonstrating stability in his mental health conditions.
- Recent evaluations by qualified mental health professionals indicated that the applicant's conditions are under control and have a low probability of recurrence.
- The applicant's work performance has been consistently rated as exceptional, with no evidence of current psychological issues affecting his job.
Conditions Referenced
- 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 ¶ 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 Employed By, or Acceptable to and Approved By, the U.S. Government That an Individual’s Previous Condition Is Under Control or in Remission, and Has a Low Probability of Recurrence or Exacerbation.
- 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 issuedOct 29, 2020
- Answer filedDec 22, 2020
- Hearing heldFeb 15, 2022rescheduled due to COVID-19 and inclement weather
- Decision dateMar 22, 2022
Cite For
- Mitigation of Psychological Conditions Under Guideline I
- Importance of Compliance with Treatment in Security Clearance Cases
- Evaluation of Mental Health Conditions by Qualified Professionals in Security Clearance Determinations