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
- 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.
- 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