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Summary of Decisions - January 28, 2013 – February 1, 2013

February 1, 2013 - 1:33pm


Personnel Security Hearing (10 CFR Part 710)

On February 1, 2013, an OHA Hearing Officer issued a decision in which he concluded that an individual’s security clearance should not be restored.  A Local Security Office suspended the individual’s security clearance after the individual tested positive on a random Breath Alcohol Test (BAT).  The individual acknowledged that, since 2009, he would routinely drink to 18 12-ounce beers each weekend and had become intoxicated almost weekly. Subsequent to testing positive on the random BAT, the individual began to abstain from drinking all alcohol and commenced an intensive outpatient alcohol treatment program (IOP). At the conclusion of the IOP, the individual was evaluated by a DOE consulting psychologist who concluded that the individual did not meet the criteria for an alcohol disorder but, until three months prior to the assessment, had been a user of alcohol habitually to excess, without evidence of adequate rehabilitation and reformation. The DOE psychologist report cited this condition as a condition that causes or could cause a significant defect in the individual’s judgment and reliability. The LSO therefore suspended the individual’s access authorization. After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had not presented evidence to mitigate the security concerns. At the hearing, both the DOE psychologist and the individual’s treating psychologist testified that he had met or exceeded all of their requirements, except for time. Both opined that he needed to continue in aftercare until March 2013.  OHA Case No. PSH-12-0126 (Wade M. Boswell, H.O.)