Summary
This case concerns a 41-year-old defense contractor employee whose security clearance was reviewed under Guideline I (Psychological Conditions). Concerns arose from the applicant's history of mental health treatment and past workplace misconduct. Specifically, the Statement of Reasons cited mental health treatment in 2003 for suicidal tendencies, including diagnoses of bipolar I without psychosis and borderline personality disorder. Further treatment occurred in 2019 following termination for misconduct. A DOD CAF evaluation also indicated a psychiatric condition that could pose a risk to judgment, reliability, or trustworthiness.
Disqualifying conditions under Guideline I were raised, including concerns about a diagnosed condition that could impair judgment, a pattern of poor judgment, failure to follow treatment, and a condition that causes instability.
However, the judge found that the applicant successfully mitigated these concerns. The applicant demonstrated ongoing and consistent compliance with his treatment plan, and his mental health condition was determined to be readily controllable with treatment. Additionally, his work record was good, showing no recurrence of problematic conduct since his termination. Based on these mitigating factors, the applicant was granted eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated ongoing and consistent compliance with his treatment plan.
- The applicant's mental health condition was found to be readily controllable with treatment.
- The applicant's work record was good, showing no recurrence of problematic conduct since his termination.
Conditions Referenced
- AG ¶ 28(a)raisedBehavior That Casts Doubt on an Individual’s Judgment, Stability, Reliability, or TrustworthinessWorkplace misconduct was alleged but could not be used to establish AG ¶ 28(a) as it is covered under another guideline.
- 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 TrustworthinessThe DOD CAF psychologist's opinion suggested potential impairment but lacked clarity on the condition.
- AG ¶ 28(c)raisedVoluntary or Involuntary Inpatient HospitalizationThe applicant had past hospitalizations for mental health issues.
- AG ¶ 28(d)raisedFailure to Follow a Prescribed Treatment Plan Related to a Diagnosed Psychological/psychiatric ConditionAllegations of noncompliance with treatment were made but were not substantiated.
- 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
Key Rule Quoted
“No negative inference concerning the standards in this guideline may be raised solely on the basis of mental health counseling.”
Procedural Posture
- SOR issuedJun 1, 2021
- Answer filedJun 26, 2021
- Hearing heldDec 15, 2021
- Decision dateFeb 22, 2022
Cite For
- Mitigation of Psychological Conditions Under Guideline I
- Impact of Workplace Misconduct on Security Clearance Eligibility
- Importance of Compliance with Mental Health Treatment in Security Clearance Cases