Summary
A 42-year-old defense contractor was denied a security clearance due to concerns under Guideline I (Psychological Conditions) and Guideline J (Criminal Conduct). The applicant had a history of mental health issues, including paranoid delusions and acute psychosis, which led to multiple hospitalizations in 1992, 1997, 1998, and 2000. These episodes were linked to his failure to adhere to prescribed medication.
Specific incidents included an arrest for Public Intoxication on September 30, 1998, followed by hospitalization for an acute psychotic disorder the next day. On October 9, 1998, the applicant was charged with and pled guilty to Possession of a Firearm while under a restraining order. While the criminal conduct was deemed not recent enough to be a current security concern, the mental health issues were dispositive.
A credentialed mental health professional opined that the applicant's mental disorder, if untreated, is a security concern, with a 95% likelihood of another serious episode if medication is discontinued. Although the applicant's mental disorder is currently in remission, the judge found a significant risk of recurrence due to past non-compliance. The applicant's assurances of continued medication were insufficient to mitigate the security concerns, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant has a history of failing to take prescribed medications, leading to psychotic episodes and hospitalizations.
- There is a 95% likelihood of another serious episode if the applicant discontinues medication, indicating a potential security risk.
- The applicant's assurances of continued medication were insufficient to mitigate the security concerns raised by his mental disorder.
Conditions referenced
- I1raisedAn Opinion by a Credentialed Mental Health Professional That the Individual Has a Condition That May Indicate a Defect in Judgement, Reliability, or Stability.
- I2raisedInformation That Suggests That an Individual Has Failed to Follow Appropriate Medical Advice Relation to Treatment of a Condition, E.g. Failure to Take Prescribed Medication.
- J1appliedThe Criminal Behavior Was Not Recent.
Key rule quoted
“An individual who suffers from a mental disorder may have a defect in judgement, reliability or stability.”
Procedural posture
- SOR issuedSep 9, 2002
- Answer filedOct 4, 2002
- Hearing heldN/ADetermined on a written record.
- Decision dateFeb 28, 2003
Cite for
- Security Concerns Related to Mental Health Disorders Under Guideline I
- Impact of Medication Adherence on Security Clearance Eligibility
- Distinction Between Recent and Non-recent Criminal Conduct Under Guideline J