ISCR Case 14-01287.h1

Case Headnote

ISCR Case No. 14-01287.h1

deniedApr 25, 2017· Hon. Edward W. Loughran· hearing

Summary

A 46-year-old applicant with a bachelor's degree was denied eligibility for a public trust position due to concerns under Guideline E (Personal Conduct) and Guideline I (Psychological Conditions). The Statement of Reasons alleged that the applicant intentionally provided false information on his December 2012 Questionnaire for National Security Positions (SF 86), during two background interviews in 2013, and in his response to interrogatories. Specifically, he failed to report psychiatric treatment in approximately 2005, and his treatment and hospitalization in 2008.

Additionally, the applicant has a twelve-year history of somatic and persecutory delusions, though there were no indications of schizophrenic-type behavior, prominent hallucinations, disorganized speech, or disorganized behavior. While these delusions had minimal impact on his occupational functioning and a diminishing impact on social functioning, they were not attributed to substance use, medication, or a general medical condition.

Ultimately, the applicant refuted the personal conduct allegations but failed to mitigate the psychological conditions. The denial was based on the psychologist's opinion that the applicant's chronic delusional disorder would continue to impair his judgment, reliability, and trustworthiness. The applicant did not demonstrate ongoing compliance with a treatment plan, and his persistent delusions raised unresolved concerns about his suitability for a public trust position.

Why the Applicant Was Denied

The applicant has a history of delusional disorder, somatic and persecutory type, which the psychologist opined would continue to impair his judgment, reliability, and trustworthiness.
The applicant did not demonstrate ongoing compliance with a treatment plan for his psychological condition, which is considered chronic and unlikely to remit.
The applicant's delusions persist, raising unresolved concerns about his suitability for a public trust position.

Conditions Referenced

Disqualifying

I.AappliedPsychological ConditionsThe applicant's delusional disorder was diagnosed by a qualified mental health professional, indicating impairment of judgment and reliability.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to sensitive information will be resolved in favor of national security.”

Procedural Posture

SOR issuedOct 26, 2015
Answer filedNov 19, 2015Applicant elected to have the case decided on the written record.
Hearing held—No hearing; case decided on written record.
Decision dateApr 25, 2017

Cite For

Denial of Eligibility Due to Unresolved Psychological Conditions Under Guideline I
Impact of Delusional Disorder on Judgment and Reliability
Refutation of Personal Conduct Concerns Under Guideline E

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The SOR alleges that Applicant intentionally provided false information on his December 2012 Questionnaire for National Security Positions (SF 86), during two background interviews in 2013, and in his response to interrogatories when he did not report psychiatric treatment 'in approximately 2005,' and his treatment and hospitalization in 2008.	For Applicant	Falsification Security Form	Other	Denied	—	—	—
2.b	The SOR alleges that Applicant intentionally provided false information on his December 2012 Questionnaire for National Security Positions (SF 86), during two background interviews in 2013, and in his response to interrogatories when he did not report psychiatric treatment 'in approximately 2005,' and his treatment and hospitalization in 2008.	For Applicant	Falsification Security Form	Other	Denied	—	—	—
2.c	The SOR alleges that Applicant intentionally provided false information on his December 2012 Questionnaire for National Security Positions (SF 86), during two background interviews in 2013, and in his response to interrogatories when he did not report psychiatric treatment 'in approximately 2005,' and his treatment and hospitalization in 2008.	For Applicant	Falsification Security Form	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR alleges that Applicant intentionally provided false information on his December 2012 Questionnaire for National Security Positions (SF 86), during two background interviews in 2013, and in his response to interrogatories when he did not report psychiatric treatment 'in approximately 2005,' and his treatment and hospitalization in 2008.

For Applicant

Falsification Security Form

Other

Denied

—

2.b

For Applicant

Falsification Security Form

Other

Denied

—

2.c

For Applicant

Falsification Security Form

Other

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	Applicant has a history of somatic and persecutory delusions that have spanned the last twelve years. There are no indications of schizophrenic-type behavior. He denies prominent auditory or visual hallucinations. There were no indications of disorganized speech, disorganized behavior, or negative symptoms of schizophrenia during the evaluation. Although he has had these delusions for a period of time, they have had minimal impact on his occupational functioning and the impact that they have on his social functioning appears to be diminishing. There were no indications that these delusions are the result of substance use, medication, or a general medical condition.	Against Applicant	Psychotic Disorder Diagnosed	Denied	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

Applicant has a history of somatic and persecutory delusions that have spanned the last twelve years. There are no indications of schizophrenic-type behavior. He denies prominent auditory or visual hallucinations. There were no indications of disorganized speech, disorganized behavior, or negative symptoms of schizophrenia during the evaluation. Although he has had these delusions for a period of time, they have had minimal impact on his occupational functioning and the impact that they have on his social functioning appears to be diminishing. There were no indications that these delusions are the result of substance use, medication, or a general medical condition.

Against Applicant

Psychotic Disorder Diagnosed

Denied

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

—

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Case Profile

Summary

Why the Applicant Was Denied

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