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PSH-13-0037 - In the Matter of Personnel Security

On July 25, 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 began an investigation of an individual’s eligibility for access authorization after the individual was arrested for “public nuisance,” having fallen asleep along the side of a building while intoxicated and partially undressed. The DOE consulting psychologist evaluated the individual and concluded that although he did not meet any DSM-IV-TR classification for alcohol disorders, he was a user of alcohol habitually to excess which is a condition that causes or could cause significant defects in his judgment and reliability. The LSO suspended the individual’s access authorization citing Criteria H and J. After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that although the individual had completed an Intensive Outpatient Program for alcohol treatment and was working with both a counselor and an Alcoholic Anonymous sponsor, he had not been abstinent for the amount of time or completed the requisite work with an AA sponsor that the DOE psychologist had concluded would be necessary to evidence control over his alcohol consumption. Two months following completion of his IOP, the individual reported experiencing a transformation with respect to his awareness of the negative role that alcohol in his life; the Hearing Officer noted that the record reflected that the individual had mislead others involved in his treatment and questioned the authenticity of this transformation.

Wade Boswell - Hearing Officer