Summary
A 31-year-old imagery analyst and former Air Force member was denied a security clearance due to concerns under Guideline I (Psychological Conditions), Guideline H (Drug Involvement), and Guideline E (Personal Conduct). The applicant failed a urinalysis for marijuana in May 2018 while in the Air Force, resulting in an Article 15 and a general discharge. This marijuana use, which occurred while holding a sensitive position, was also cross-alleged under personal conduct.
The primary basis for denial stemmed from unresolved psychological conditions. The applicant received inpatient and outpatient mental health treatment from July to October 2018 at Facility A, where he was diagnosed with Bipolar II Disorder and prescribed medication. From June 2018 to February 2019, he received treatment at Facility B on base, diagnosed with Borderline Personality Disorder. An August 2021 evaluation by a DoD-connected psychologist confirmed diagnoses of Borderline Personality Disorder and Cluster B personality.
Despite ongoing treatment at Facility C from August 2021 to the present, where he was diagnosed with bipolar disorder, the applicant failed to demonstrate consistent mental health treatment and medication adherence since February 2019. While mitigating factors were applied for drug involvement and personal conduct, the applicant did not provide sufficient evidence that his psychological conditions were under control or in remission. Consequently, concerns about his judgment, stability, reliability, and trustworthiness in handling classified information remained unmitigated, leading to the denial.
Why the Applicant Prevailed
- The applicant's drug involvement was mitigated as it occurred over six years ago and was infrequent, with no recurrence since then.
- The applicant demonstrated a commitment to abstaining from drug use and provided evidence of disassociation from drug-using associates.
Conditions Referenced
- 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 ¶ 28(c)appliedVoluntary or Involuntary Inpatient Hospitalization
- AG ¶ 28(d)appliedFailure to Follow a Prescribed Treatment Plan Related to a Diagnosed Psychological/psychiatric Condition
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent That It Is Unlikely to Recur
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 28, 2022
- Answer filedJun 13, 2022
- Hearing heldFeb 28, 2024via video-teleconference
- Decision dateJun 21, 2024
Cite For
- Mitigating Factors for Drug Involvement Under Guideline H
- Unresolved Psychological Conditions Under Guideline I
- Whole-person Assessment in Security Clearance Determinations