PSH-23-0112 - In the Matter of Personnel Security Hearing

On October 10, 2023, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. In October 2022, the Individual tested positive on a random breath alcohol test  (BAT) at work. In response, the Local Security Office (LSO) sent the Individual to a Substance Abuse Professional (SAP) who evaluated him.  In March 2023, the LSO issued a Letter of Interrogatory (LOI).  Because of security concerns identified in the Individual's LOI responses, the LSO referred the Individual for  a  psychological  evaluation.  Based  on  the  evaluation,  the  DOE  Psychologist  diagnosed the Individual with Alcohol Use Disorder, Moderate. The DOE Psychologist also opined the Individual did not demonstrate adequate evidence of rehabilitation or reformation. At the hearing,  the  Individual  testified  that  he  attended  an  inpatient  alcohol  treatment  program  and is now in Aftercare.  He stated that he attends AA and that his Primary Care Physician (PCP) tests him bi-weekly. The Individual's sponsor, therapist, and brother all testified on his behalf . The  DOE  Psychologist  testified  that  the  Individual  was  still  suffering  from  Alcohol  Use Disorder. She concluded that he has begun showing signs of rehabilitation but has not made a  full  demonstration.  The  Administrative  Judge  determined  that  the  Individual  had  not mitigated the Guideline G concerns because he has not been abstinent for a long enough period. Accordingly, the Individual was  not able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-23-0112, Fishman)