Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
October 13, 2023
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Restored; Guideline G (Alcohol Consumption)
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)
Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Misuse)
On October 13, 2023, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office ( LSO) suspended the Individual's security clearance investigation after it discovered that he had omitted some and provided other conflicting information regarding his past marijuana use from a security clearance questionnaire and during an investigatory interview, he had omitted information regarding his unpaid debts from investigative paperwork, and he had used marijuana several times throughout his life which lead to several failed drug tests, most recently in 2021.
At the conclusion of the hearing, the AJ determined the following. The LSO appropriately invoked Guidelines E and H. The AJ also found that the Individual did not put forth sufficient evidence to resolve the Guideline E and Guideline H concerns. Because the concerns remained unresolved, the AJ concluded that the Individual should not be granted access authorization.(OHA Case No. PSH-23-0104, Thompson III)