Summary
A 26-year-old female applicant with prior military service was denied a security clearance due to unresolved issues under Guideline E (Personal Conduct), Guideline I (Psychological Conditions), and Guideline M (Use of Information Technology).
The applicant had been diagnosed twice with a mental health disorder, and while she provided an explanation for a June 2024 diagnosis, her mental health issues were deemed unresolved due to a lack of consistent treatment. This raised doubts about her judgment and reliability. Additionally, her military service included two non-judicial punishments: one for disrespecting a non-commissioned officer and dereliction of duty, and another for assault consummated by a battery. These incidents were also cross-alleged under Guideline J (Criminal Conduct).
Further concerns arose under Guideline M, as the applicant misused her official access to an information system by deleting the non-commissioned officer’s profile. Although some mitigating conditions were considered, the judge found significant doubts regarding her reliability and trustworthiness, emphasizing the need for ongoing mental health treatment and compliance with regulations. Ultimately, the applicant failed to mitigate the security concerns, leading to the denial of her clearance.
Why the Applicant Was Denied
- The applicant failed to mitigate security concerns under Guidelines I (psychological conditions), E (personal conduct), and M (use of information technology).
- The applicant's mental health issues were unresolved, and she had not engaged in consistent treatment, leading to doubts about her judgment and reliability.
- The applicant's actions during her military service, including two non-judicial punishments, raised significant concerns about her trustworthiness.
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 ¶ 40(b)appliedUnauthorized Modification, Destruction, or Manipulation Of, or Denial of Access To, an Information Technology System or Any Data in Such a System
- AG ¶ 40(e)appliedUnauthorized Use of Any Information Technology System
- AG ¶ 29(a)rejectedThe Identified Condition Is Readily Controllable with Treatment, and the Individual Has Demonstrated Ongoing and Consistent Compliance with the Treatment PlanThe applicant had no treatment plan and did not demonstrate compliance with mental health treatment.
- AG ¶ 29(b)rejectedThe 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 by a Duly Qualified Mental Health ProfessionalThe applicant's previous counseling was sporadic and ineffective.
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation; Including, but Not Limited To, the Passage of Time Without Recurrence of Criminal Activity, Restitution, Compliance with the Terms of Parole or Probation, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedFeb 12, 2025
- Answer filedFeb 27, 2025
- Hearing heldMay 23, 2025via Microsoft Teams
- Decision dateSep 10, 2025
Cite For
- Unresolved Psychological Conditions Under Guideline I
- Personal Conduct Issues Impacting Security Clearance Under Guideline E
- Importance of Mental Health Treatment Compliance in Security Clearance Evaluations