Summary
A 48-year-old applicant was granted a security clearance despite initial concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline I (Psychological Conditions). Disqualifying conditions AG ¶ 28(a), AG ¶ 28(b), and AG ¶ 28(d) were raised, primarily due to a history of alcohol consumption and psychological conditions.
However, the applicant successfully demonstrated a strong commitment to sobriety and recovery from alcohol use disorder. Evidence showed that the applicant's psychological conditions were under control, not impairing judgment or reliability. The applicant provided credible evidence of ongoing treatment and support for both mental health and sobriety.
The judge found that the applicant's past issues were unlikely to recur, supported by testimony and continued treatment. Mitigating conditions AG ¶ 29(a), AG ¶ 29(b), and AG ¶ 29(c) were applied, leading to the determination that the applicant was reliable and trustworthy. Consequently, eligibility for a security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to sobriety and recovery from alcohol use disorder.
- The applicant's psychological conditions were found to be under control and not impairing his judgment or reliability.
- The applicant provided credible evidence of ongoing treatment and support for his mental health and sobriety.
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(d)raisedFailure to Follow Prescribed Treatment Plans 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
- AG ¶ 29(c)rejectedRecent Opinion by a Duly Qualified Mental Health Professional That an Individual’s Previous Condition Is Under Control or in RemissionThe judge gave great weight to the opinion of Dr. C, who was not a government-approved mental health professional.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 11, 2022
- Answer filedJul 29, 2022
- Hearing heldJul 6, 2023via MS Teams
- Decision dateAug 10, 2023
Cite For
- Mitigation of Alcohol Consumption Issues Under Guideline G
- Mitigation of Psychological Conditions Under Guideline I
- Consideration of Personal Conduct Under Guideline E in the Context of Recovery and Treatment.