PSH-24-0028 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline I (Psychological Conditions)

Office of Hearings and Appeals

February 20, 2024
minute read time

On February 20, 2024, 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 application after it discovered that he had been diagnosed with Bipolar Mood Disorder (Bipolar Disorder) and Attention-Deficit Hyperactivity Disorder, conditions that could impact judgment and reliability, and neither condition was rehabilitated or reformed. The LSO also obtained information that the Individual reported that when he does not take his medication he is disconnected and not engaged, he reported past marital problems associated with impulsive spending and infidelity that he attributed to his Bipolar Disorder, and he reported an inconsistent work history which included abrupt resignations, disciplinary actions, personality conflicts, and terminations.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guidelines E and I. The AJ also determined that the Individual put forth sufficient evidence to resolve the Guideline E security concerns but failed to put forth sufficient evidence to resolve the Guideline I security concerns. Accordingly, the AJ concluded that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0028, Thompson III)