Summary
A 51-year-old federal contractor analyst was granted a security clearance despite initial concerns under Guideline I (Psychological Conditions) related to a history of depression. The Statement of Reasons cited a diagnosis of major depressive disorder and the potential for reemergence, which could lead to poor judgment (AG ¶ 28(b)). Additionally, the applicant's failure to take prescribed medication, despite negative side effects, was noted (AG ¶ 28(c)).
However, the applicant successfully mitigated these concerns. It was determined that his depression was short-term, linked to external stressors, and is currently in remission, with no ongoing issues. Expert testimony confirmed that his condition does not impair his judgment or ability to safeguard classified information.
Crucially, the applicant demonstrated a consistent record of effectively managing classified information since 1997 without incident. Based on these mitigating factors (AG ¶ 29(c), AG ¶ 29(d), AG ¶ 29(e)), the security clearance was granted.
Why the Applicant Prevailed
- The applicant's depression was determined to be in remission with no current issues.
- He has effectively managed classified information since 1997 without incident.
- Expert testimony indicated that the applicant's condition does not impair his judgment or ability to safeguard classified information.
Conditions Referenced
- AG ¶ 28(b)raisedOpinion by a Qualified Mental Health ProfessionalDr. M's diagnosis of major depressive disorder raised concerns under this condition.
- AG ¶ 28(c)raisedFailure to Follow Treatment AdviceThe applicant's history of not following through with prescribed medication was noted.
- AG ¶ 29(c)appliedRecent Opinion by a Qualified Mental Health ProfessionalDr. H's evaluation indicated the applicant's condition is in remission.
- AG ¶ 29(d)appliedPast Emotional Instability Was TemporaryThe applicant's bouts of depression were linked to external stressors and have since resolved.
- AG ¶ 29(e)appliedNo Indication of a Current ProblemThe applicant has not shown signs of depression since 2009.
Key Rule Quoted
“A clearance adjudication is an applicant’s opportunity to demonstrate that, prior to being awarded a clearance, he (or she) actually possesses the judgment, reliability, and trustworthiness essential to a fiduciary relationship with this country.”
Procedural Posture
- SOR issuedJul 20, 2011
- Answer filedAug 12, 2011
- Hearing heldNov 17, 2011Applicant testified and presented witnesses.
- Decision dateMar 16, 2012
Cite For
- Mitigation of Psychological Conditions Under Guideline I
- Consideration of Expert Testimony in Security Clearance Cases
- Whole-person Concept in Evaluating Security Clearance Eligibility