ISCR Case 20-02973

Case Headnote

ISCR Case No. 20-02973

deniedAug 23, 2023· Hon. Robert E. Coacher· hearing

Summary

A 60-year-old senior software engineer was denied a security clearance due to concerns under Guideline I (Psychological Conditions) and Guideline K (Handling Protected Information). The applicant had a documented history of depression, including a suicide attempt in June 2013 using a nail gun, and subsequent suicide ideations in May 2017 after discontinuing prescribed medication without authorization. A June 2021 evaluation diagnosed him with Major Depressive Disorder and mild Autism Spectrum Disorder. Additionally, the applicant was involved in domestic issues in June 2014 and October 2016, and was questioned by police in June 2015 for allegedly stalking a medical care team member.

Under Guideline K, the applicant committed multiple security violations. These included bringing personal cell phones into secured areas in May 2009 and June 2015, failing to properly log off a classified computer in May 2016, and bringing unauthorized electronic devices into a secured area on four occasions between March and December 2018. In October 2019, he also failed to properly secure a closed area.

Despite the applicant's admissions, the judge found insufficient evidence to mitigate the concerns raised by his psychological conditions and repeated security infractions. The decision emphasized that the applicant's psychological issues were deemed to impair judgment and reliability, which are critical for national security roles. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns under Guideline I regarding psychological conditions.
The applicant had a history of security violations under Guideline K, including bringing unauthorized devices into secure areas.
The applicant's psychological issues were deemed to impair judgment and reliability, as indicated by expert evaluations.

Conditions Referenced

Disqualifying

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 ¶ 34(g)appliedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information.
AG ¶ 34(h)appliedNegligence or Lax Security Practices That Persist Despite Counseling by Management.
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas That Is Not Sufficient for an Adverse Determination Under Any Other Single Guideline.
AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress by a Foreign Intelligence Entity or Other Individual or Group.

Mitigating

AG ¶ 29(a)rejectedThe Identified Condition Is Readily Controllable with Treatment, and the Individual Has Demonstrated Ongoing and Consistent Compliance with the Treatment Plan.The applicant has not received treatment since 2020.
AG ¶ 29(b)rejectedThe Individual Has Voluntarily Entered a Counseling or Treatment Program for a Condition That Is Amenable to Treatment.The applicant has not demonstrated ongoing treatment compliance.
AG ¶ 35(a)rejectedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur.The applicant's personal circumstances continue to impact his reliability.
AG ¶ 35(b)rejectedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities.The applicant's past violations occurred despite counseling.
AG ¶ 35(d)rejectedThe Violation Was Inadvertent, It Was Promptly Reported, There Is No Evidence of Compromise, and It Does Not Suggest a Pattern.A pattern of violations was established.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedSep 19, 2022
Answer filedOct 3, 2022
Hearing heldApr 10, 2023
Decision dateAug 23, 2023

Cite For

Denial of Security Clearance Due to Psychological Conditions Under Guideline I
Handling Protected Information Violations Under Guideline K
Importance of Ongoing Treatment Compliance for Mitigating Psychological Concerns

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	In June 2014, was involved in a domestic issue where the police became involved when there was physical contact between Applicant and his wife.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
3.b	In June 2015, was questioned by the police about stalking a member of his medical care team.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
3.c	In October 2016, was arrested and charged with assaulting his wife and committing child abuse on his daughter.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
3.d–3.e	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In June 2014, was involved in a domestic issue where the police became involved when there was physical contact between Applicant and his wife.

For Applicant

Questionable Judgment General

—

Admitted

—

3.b

In June 2015, was questioned by the police about stalking a member of his medical care team.

For Applicant

Questionable Judgment General

—

Admitted

—

3.c

In October 2016, was arrested and charged with assaulting his wife and committing child abuse on his daughter.

For Applicant

Questionable Judgment General

—

Admitted

—

3.d–3.e

2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	In about 2002, was treated by Dr. R, who diagnosed him with depression and prescribed antidepressant medication.	For Applicant	Mood Disorder Diagnosed	Admitted	—	—	—
1.b	In June 2013, attempted suicide by using a pressurized nail gun.	Against Applicant	Suicidal Ideation or Attempt	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…	—	—
1.c	In May 2017, ceased taking his prescribed antidepressant medication, without medical authorization, and thereafter experienced suicide ideations involving use of a nail gun.	Against Applicant	Treatment Non Compliance Psych	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…	—	Claimed Other
1.d	In June 2021, was evaluated by a licensed psychologist who diagnosed him with Major Depressive Disorder, recurrent, and Autism Spectrum Disorder, mild, without intellectual impairment.	Against Applicant	Mood Disorder Diagnosed	Denied	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

In about 2002, was treated by Dr. R, who diagnosed him with depression and prescribed antidepressant medication.

For Applicant

Mood Disorder Diagnosed

Admitted

—

1.b

In June 2013, attempted suicide by using a pressurized nail gun.

Against Applicant

Suicidal Ideation or Attempt

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

—

1.c

In May 2017, ceased taking his prescribed antidepressant medication, without medical authorization, and thereafter experienced suicide ideations involving use of a nail gun.

Against Applicant

Treatment Non Compliance Psych

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

—

Claimed

Other

1.d

In June 2021, was evaluated by a licensed psychologist who diagnosed him with Major Depressive Disorder, recurrent, and Autism Spectrum Disorder, mild, without intellectual impairment.

Against Applicant

Mood Disorder Diagnosed

Denied

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶34)	Mitigating applied (¶35)	Mitigation
2.a	In May 2009, brought a personal cell phone into a secured area.	Against Applicant	Failure to Safeguard or Secure	Admitted	—	—	—
2.b	In June 2015, brought a personal cell phone into a secured area.	Against Applicant	Failure to Safeguard or Secure	Admitted	—	—	—
2.c	In May 2016, failed to properly log-off of a classified computer in a secured area.	Against Applicant	Failure to Safeguard or Secure	Admitted	—	—	—
2.d	Between March 2018 and December 2018, brought unauthorized electronic devices into a secured area on four separate occasions.	Against Applicant	Failure to Safeguard or Secure	Admitted	—	—	—
2.e	In October 2019, failed to properly secure a closed area.	Against Applicant	Failure to Safeguard or Secure	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶34)

Mitigating applied (¶35)

Mitigation

2.a

In May 2009, brought a personal cell phone into a secured area.

Against Applicant