Summary
A 43-year-old heavy equipment mechanic was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline I (Psychological Conditions). The applicant had a history of mental health issues, including a diagnosis of schizophrenia, and a dishonorable discharge from the Army.
The applicant was court-martialed in 1995 for conspiracy, false official statement, larceny of Government funds, and fraud, resulting in a dishonorable discharge and confinement. On his security clearance application, he falsely stated his discharge was honorable and denied having a non-honorable discharge. He also failed to disclose his extensive history of mental health treatment, including hospitalizations and a schizophrenia diagnosis, despite being asked directly.
The judge found that the applicant failed to mitigate these concerns. He consistently refused to comply with prescribed treatment for schizophrenia, despite repeated medical advice and hospitalizations dating back to 1989. His history of deceitful conduct, including falsifying information on his application and his court-martial convictions, further undermined his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to provide adequate information to mitigate security concerns under Guideline I for psychological conditions and Guideline E for personal conduct.
- The applicant has a long history of diagnosed paranoid schizophrenia and consistently refused to take prescribed medication against medical advice.
- The applicant was convicted by court-martial for serious offenses, including conspiracy and fraud, which raised significant questions about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 28(a)appliedPsychological Conditions Disqualifying ConditionBehavior that casts doubt on an individual’s judgment, reliability, or trustworthiness.
- AG ¶ 28(c)appliedPsychological Conditions Disqualifying ConditionThe individual has failed to follow treatment advice related to a diagnosed emotional, mental, or personality condition.
- AG ¶ 16(a)appliedPersonal Conduct Disqualifying ConditionThe deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire.
- AG ¶ 16(c)appliedPersonal Conduct Disqualifying ConditionCredible adverse information in several adjudicative issue areas that supports a whole-person assessment of questionable judgment.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 1, 2012
- Answer filedUndated response
- Hearing heldNot applicable (decision on written record)
- Decision dateFeb 7, 2014
Cite For
- Failure to Mitigate Psychological Conditions Under Guideline I
- Deceitful Conduct Impacting Security Clearance Eligibility Under Guideline E
- Importance of Compliance with Treatment for Mental Health Conditions in Security Clearance Evaluations