ISCR Case 21-02519

Case Headnote

ISCR Case No. 21-02519

grantedFeb 9, 2023· Hon. Edward W. Loughran· hearing

Summary

A 37-year-old defense contractor and military veteran was granted a security clearance despite concerns under Guideline I (Psychological Conditions). The Statement of Reasons detailed a history of mental health challenges, including treatment for anger issues in 2014, which he discontinued. In 2015, he received inpatient treatment and was diagnosed with major depressive disorder, PTSD, generalized anxiety disorder, insomnia, malingering, and an unspecified personality disorder, with a guarded prognosis due to noncompliance. He again discontinued treatment in August 2015.

From 2016 to 2019, the applicant received sporadic treatment for PTSD at a VA Center, discontinuing services in September 2019 due to relocation, with an intent to resume. A DOD CAF psychologist diagnosed an unspecified personality disorder and opined that the applicant's judgment, reliability, and trustworthiness were not intact, citing inconsistencies and a pattern of unreliable behavior.

Despite these disqualifying conditions, the clearance was granted. The judge found that the applicant demonstrated ongoing and consistent compliance with his treatment plan. His psychological conditions were deemed manageable and did not impair his judgment or reliability. Additionally, the applicant provided character evidence that affirmed his strong moral character and stability in his personal life.

Why the Applicant Prevailed

The applicant demonstrated ongoing and consistent compliance with his treatment plan.
The applicant's psychological conditions were deemed manageable and did not impair his judgment or reliability.
The applicant provided character evidence showing strong moral character and stability in his personal life.

Conditions Referenced

Disqualifying

AG ¶ 28(b)appliedOpinion by a Qualified Mental Health ProfessionalThe applicant was diagnosed with major depressive disorder and PTSD, which may impair judgment.
AG ¶ 28(c)appliedInpatient HospitalizationThe applicant underwent inpatient treatment for psychological conditions.
AG ¶ 28(b)appliedUnspecified Personality DisorderThe applicant was diagnosed with unspecified personality disorder, which may impair judgment.

Mitigating

AG ¶ 29(a)appliedCondition Controllable with TreatmentThe applicant's psychological conditions were found to be readily controllable with treatment.
AG ¶ 29(b)appliedVoluntary TreatmentThe applicant voluntarily entered treatment and demonstrated compliance.
AG ¶ 29(c)appliedRecent Favorable OpinionA recent evaluation indicated the applicant's conditions were under control.
AG ¶ 29(e)appliedNo Current ProblemThe applicant was asymptomatic at the time of the decision.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 8, 2021
Answer filedFeb 17, 2022
Hearing heldOct 20, 2022
Decision dateFeb 9, 2023

Cite For

Mitigation of Psychological Conditions Under Guideline I
Criteria for Evaluating Mental Health Treatment Compliance
Impact of Personal Stability on Security Clearance Eligibility

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	Applicant received treatment in 2014 for anger issues, and that his prognosis was fair with continued treatment compliance; however, he failed to fully participate in recommended anger management counseling and discontinued treatment in December 2014.	For Applicant	Treatment Non Compliance Psych	Denied	—	—	—
1.b	Applicant received inpatient treatment in 2015, where he was diagnosed with major depressive disorder; PTSD; generalized anxiety disorder; and insomnia secondary to depression and anxiety.	For Applicant	PTSD or Anxiety Diagnosed	Denied	—	—	—
1.c	In 2015, Applicant was diagnosed with malingering and unspecified personality disorder; that his prognosis was guarded due to his history of noncompliance; and that he discontinued treatment in August 2015.	For Applicant	Unspecified Psychological Condition	Denied	—	—	—
1.d	From about August 2016 to about August 2019, Applicant received treatment sporadically at the VA Center for concerns he described as Post-Traumatic Stress Disorder. He discontinued treatment in about September 2019 due to his relocation, but indicated he would resume services following his move.	For Applicant	Treatment Non Compliance Psych	Denied	—	—	—
1.e	The DOD CAF psychologist’s diagnosis of unspecified personality disorder; the psychologist’s opinion that Applicant’s judgment, reliability, and trustworthiness are not appropriately intact, as evidenced by inconsistencies in the clinical interview, self-report measures, patient history, and review of records; and that Applicant displayed a pattern of unreliable behavior, which would impair his judgment.	For Applicant	DoD Psychologist Adverse Opinion	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

Applicant received treatment in 2014 for anger issues, and that his prognosis was fair with continued treatment compliance; however, he failed to fully participate in recommended anger management counseling and discontinued treatment in December 2014.

For Applicant

Treatment Non Compliance Psych

Denied

—

1.b

Applicant received inpatient treatment in 2015, where he was diagnosed with major depressive disorder; PTSD; generalized anxiety disorder; and insomnia secondary to depression and anxiety.

For Applicant

PTSD or Anxiety Diagnosed

Denied

—

1.c

In 2015, Applicant was diagnosed with malingering and unspecified personality disorder; that his prognosis was guarded due to his history of noncompliance; and that he discontinued treatment in August 2015.

For Applicant

Unspecified Psychological Condition

Denied

—

1.d

From about August 2016 to about August 2019, Applicant received treatment sporadically at the VA Center for concerns he described as Post-Traumatic Stress Disorder. He discontinued treatment in about September 2019 due to his relocation, but indicated he would resume services following his move.

For Applicant

Treatment Non Compliance Psych

Denied

—

1.e

The DOD CAF psychologist’s diagnosis of unspecified personality disorder; the psychologist’s opinion that Applicant’s judgment, reliability, and trustworthiness are not appropriately intact, as evidenced by inconsistencies in the clinical interview, self-report measures, patient history, and review of records; and that Applicant displayed a pattern of unreliable behavior, which would impair his judgment.

For Applicant

DoD Psychologist Adverse Opinion

Denied

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES