Summary
The applicant, a 44-year-old naturalized U.S. citizen and engineer, contested the Department of Defense's intent to deny his security clearance due to psychological conditions, specifically schizoaffective disorder. After demonstrating compliance with treatment and stability in his mental health, the administrative judge granted the security clearance, emphasizing the importance of ongoing monitoring and treatment.
Under Guideline I (Psychological Conditions), the Statement of Reasons alleged the following: Involuntary hospitalization for mental health emergencies (1.a). Failure to follow treatment plan in February 2019 (1.b). Failure to follow treatment plan in July 2019 (1.c). Involuntary hospitalization in August 2019 (1.d). Involuntary hospitalization in December 2020 (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 28(b), AG ¶ 28(c), AG ¶ 28(d). The judge applied mitigating conditions AG ¶ 29(a), AG ¶ 29(c). The decision turned on the following: The applicant has been compliant with his treatment plan since September 2019; His psychiatric symptoms are currently stable and in remission, as confirmed by his mental health providers; There is no evidence of recent hospitalizations or incidents affecting his judgment or reliability.
Why the Applicant Prevailed
- The applicant has been compliant with his treatment plan since September 2019.
- His psychiatric symptoms are currently stable and in remission, as confirmed by his mental health providers.
- There is no evidence of recent hospitalizations or incidents affecting his judgment or reliability.
Conditions Referenced
- AG ¶ 28(b)raisedOpinion by a Qualified Mental Health Professional That the Individual Has a Condition That May Impair Judgment, Stability, Reliability, or Trustworthiness.
- AG ¶ 28(c)raisedVoluntary and Involuntary Inpatient Hospitalization.
- AG ¶ 28(d)raisedFailure to Follow a Prescribed Treatment Plan Related to a Diagnosed Psychological/psychiatric Condition That May Impair Judgment, Stability, Reliability, or Untrustworthiness.
- 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(c)appliedRecent Opinion by a Duly Qualified Mental Health Professional That an Individual’s Previous Condition Is Under Control or in Remission, and Has a Low Probability of Recurrence or Exacerbation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 6, 2021
- Answer filed—
- Hearing heldApr 28, 2022Hearing continued to resolve jurisdiction issue.
- Decision dateJun 1, 2022
Cite For
- Demonstrating Compliance with Treatment Plans Under Guideline I
- Importance of Ongoing Monitoring for Mental Health Conditions
- Stability in Mental Health as a Basis for Granting Security Clearance