The individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In June 2013, as part of a background investigation, the Local Security Office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns about his alcohol-related arrest and his alcohol use. In addition to the PSI, the LSO requested the individual’s medical records and recommended a psychological evaluation of the individual by a DOE consultant psychologist (DOE psychologist). The DOE psychologist examined the individual in August 2013 and memorialized his findings in a report (Psychological Report). According to the DOE psychologist, the individual suffers from Alcohol Dependence and Alcohol Use Disorder. The DOE psychologist further concluded that the individual’s Alcohol Dependence and Alcohol Use Disorder are mental illnesses that cause or may cause a significant defect in his judgment and reliability.
In October 2013, the LSO sent a letter (Notification Letter) advising the individual that it possessed reliable information that created substantial doubt regarding his eligibility to hold an access authorization. In an attachment to the Notification Letter, the LSO explained that the derogatory information fell within the purview of two potentially disqualifying criteria set forth in the security regulations at 10 C.F.R. § 710.8, subsections (h) and (j) (hereinafter referred to as Criteria H and J, respectively).
Upon receipt of the Notification Letter, the individual filed a request for a hearing. The LSO transmitted the individual’s hearing request to the Office of Hearings and Appeals (OHA), and the OHA Director appointed me as the Administrative Judge in this case. At the hearing that I convened, the individual presented his own testimony and that of one witness, his girlfriend. The DOE Counsel called one witness, the DOE psychologist. Both the DOE and the individual submitted a number of written exhibits prior to the hearing.
Kimberly Jenkins-Chapman - Administrative Judge