Summary of Decisions - November 14, 2022 - November 18, 2022

Personnel Security Hearing (PSH)

Access Authorization Not Restored; Guideline G (Alcohol Consumption)

On November 15, 2022, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. Prior to being granted access authorization, the Individual was arrested for numerous alcohol-related offenses, including DUI and Assault. In September 2021, after the Individual had been granted access authorization, the local security office received notice that the Individual had been arrested for Assault, Battery, Cruelty to Animals, Resisting, Evading or Obstructing an Officer, and Assault Upon a Peace Officer following a dispute with his girlfriend. The affidavit of arrest prepared in connection with the Individual's arrest indicated that he was under the influence of alcohol when he was arrested. A DOE -contracted Psychiatrist ( DOE Psychiatrist) conducted a clinical interview of the Individual and determined that he met the diagnostic criteria for Alcohol Use Disorder (AUD), Mild, in early remission, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychiatrist recommended that the Individual demonstrate rehabilitation by participating in Alcoholics Anonymous (AA) under the guidance of a sponsor or weekly counseling for alcohol abuse for one year, and abstaining from alcohol for the duration of treatment. At the hearing, the Individual testified that he had abstained from alcohol for approximately seven months and provided the results of alcohol testing confirming that he had abstained from alcohol for a portion of that time. He also established that he had attended AA meetings for two months, but had not obtained an AA sponsor. The DOE Psychiatrist opined that the Individual's failure to obtain an AA sponsor and lack of skills to cope with stressors in the absence of alcohol were barriers to his recovery, and that the Individual's prognosis for recovery was only fair. In light of the opinion of the DOE Psychiatrist, and the relatively short duration of the Individual's abstinence from alcohol, the Administrative Judge determined that the Individual had not resolved the security concerns under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-22-0114 (Phillip Harmonick)

Access Authorization Not Restored; Guideline H (Drug Involvement), Guideline J (Criminal Conduct); Bond Amendment

On November 15, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires her to hold a security clearance. In March 2022, her employer subjected her to a drug test, which indicated the presence of Hydrocodone and Hydromorphone in her urine, Schedule II controlled substances. At the hearing, the Individual testified that she has a history of migraines, and while she was suffering from a migraine in March 2022, she asked her partner (Partner) to give her "migraine medication." The Partner testified that he mistakenly gave her one of his prescription pills, which produced the positive drug test. The Administrative Judge found the Individual's testimony to be confusing and contradictory and, ultimately, the Administrative Judge questioned the credibility of the testimony. After considering the evidence in the record and the testimony presented at the hearing, the Administrative Judge determined that the Individual had not provided sufficient evidence to resolve the security concerns associated with Guideline H, Guideline J, and the Bond Amendment . Accordingly, she concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-22-0118 (Katie Quintana)

Access Authorization not Restored; Guidelines G (Alcohol Consumption)

On November 18, 2022, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received derogatory information regarding the Individual's alcohol use. Regarding Guideline G, the LSO cited his diagnosis by a DOE Psychiatrist of Alcohol Use Disorder, Mild, without adequate evidence of rehabilitation or reformation. The Individual received a Driving While Intoxicated (DWI) charge after he had an accident on an ATV.  In the accident, he suffered a Traumatic Brain Injury (TBI), which resulted in his hospitalization. Following the evaluation by a DOE Psychiatrist, the Individual submitted to phosphatidylethanol (PEth) testing, which showed positive results of 41 ng/mL. The DOE Psychiatrist administered mental status exams at the evaluation, which showed that the Individual's TBI was still a concern. At the hearing, the DOE Psychiatrist opined that the Individual was not rehabilitated or reformed. The Individual is still consuming alcohol, although at a reduced amount, and does not believe he has a problem with alcohol consumption. He has not undergone further PEth tests, nor has he attached any Alcoholics Anonymous meetings, worked the steps and acquired a sponsor. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-22-0111, Fishman)

Authorization Restored; Guidelines G (Alcohol Consumption)

On November 18, 2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. Derogatory information was discovered regarding the Individual's alcohol consumption after he self -reported his voluntary enrollment in an inpatient treatment program. The Individual underwent a psychological evaluation by a DOE consultant psychologist. The Psychologist diagnosed the Individual with Alcohol Use Disorder, Moderate, in early remission. The Local Security Office notified the Individual that his access authorization was being suspended due to Guideline G (Alcohol Consumption) concerns. At the hearing, the Individual presented credible evidence that he completed multiple alcohol treatment programs and remained enrolled in an aftercare program, attended individual counseling, and participated in Alcoholics Anonymous and a weekly support group provided by his employer. The Individual also presented credible evidence he abstained from alcohol for over one year, which was supported by documentation of blood, urine and breath testing, all showing negative results. The DOE Psychologist also opined the Individual was rehabilitated and reformed and had an excellent prognosis. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had mitigated the Guideline G security concerns. Accordingly, the Administrative Judge found that the Individual's access authorization should be restored. (OHA Case No. PSH-22- 0112, Martin)