Summary of Decisions - December 23, 2024 - January 03, 2025

Personnel Security Hearing (PSH)

Access Authorization Not Granted; Guideline G (Alcohol Consumption)

On December 23, 2024, an Administrative Judge (AJ) determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. The Local Security Office found that the Individual's alcohol use created a substantial doubt regarding his eligibility to hold a security clearance, specifically (1) a DOE-contracted Psychiatrist's (DOE Psychiatrist) diagnosis of Alcohol Use Disorder, Moderate with no adequate evidence of rehabilitation or reformation; (2) the Individual's quantitatively positive PEth test result at 152 ng/mL; (3) the Individual's 2022 traffic accident, before which he consumed three beers and one mixed drink; (4) and the Individual's 2002 DWI involving the ATV. After the hearing, the AJ determined that the Individual had not put forth sufficient evidence to mitigate the security concerns under Guideline G given that he had only remained sober for approximately five months and had started attending AA meetings only after the hearing and despite receiving the DOE Psychiatrist's recommendation to do so five months prior. Accordingly, the AJ concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24- 0173, Balzon)

Access Authorization Not Granted; Guideline B (Foreign Influence); Guideline E (Personal Conduct)

On December 26, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is a prospective employee of a Department of Energy (DOE) contractor seeking a position that requires him to hold a security clearance. In a Questionnaire for National Security Positions and throughout the security clearance investigation process, the Individual omitted required information regarding (1) sponsoring a foreign national for a visa, (2) holding a passport from a foreign country, (3) obtaining visas from a foreign country, (4) traveling to foreign countries, (5) reporting delinquent financial accounts, (6) disclosing his full education history, (7) disclosing his full employment history, and (8) reporting his foreign contacts. At the hearing, the Individual testified regarding the omitted information. Ultimately, the Administrative Judge determined that the Individual had failed to mitigate the Guideline B and Guideline E security concerns, and she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-25-0011, Quintana)

Access Authorization Restored; Guidelines G (Alcohol Consumption).

On December 31, 2024, an Administrative Judge determined that the Individual's access authorization should restored under 10 C.F.R. Part 710. In February 2024, the Individual was arrested for Driving Under the Influence (DUI). Subsequently, he was diagnosed with Alcohol Use Disorder (AUD), Mild, in early remission. In anticipation of the hearing, the Individual met with both a psychologist and counselor, neither of who concluded that he met the criteria for AUD. At the hearing, the Individual's therapist from the court-ordered diversion program asserted that the Individual did not have an addiction but rather a desire to "fit in with the group." The Individual testified that he had not had any alcohol since his DUI in February 2024. The DOE Psychiatrist testified that, after listening to all the testimony and reviewing the administrative record, he concluded that the Individual was adequately rehabilitated. The Administrative Judge found that the Individual had mitigated the security concerns under mitigating factors (c) and (d) of the Adjudicative Guidelines and therefore had mitigated the Guideline G concerns. (OHA Case No. PSH-24-0182, Fishman)

Access Authorization Restored; Guideline G (Alcohol Consumption); Guideline J (Criminal Conduct)

On January 2, 2024, an Administrative Judge determined that the Individual's access authorization should 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 Individual disclosed a March 2022 DWI and January 2024 DWI to the Local Security Office (LSO). Accordingly, the LSO suspended his security clearance. Since the January 2024 DWI, the Individual completed treatment with an intensive outpatient program (IOP), engaged in aftercare as required by the IOP, and then continued ongoing treatment with a therapist. The Individual had abstained from alcohol use since the January 2024 DWI, demonstrated that he had no plans to drink in the future, and disassociated with friends with whom he used to drink. The Individual had also maintained ongoing compliance with the terms of his probation-specifically having completed ten days of house confinement, a Victim Impact Panel, and all but seven-and-a-half hours of the required community service. Accordingly, I found that the Individual had resolved the security concerns raised under Guidelines G and J. (OHA Case No. PSH- 24-0161, Balzon)

Access Authorization Not Granted; Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse)

On January 2, 2025, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions (QNSP) in 2024 in which he disclosed marijuana use and having tested positive for marijuana on two occasions while serving in the U.S. military. However, the Individual failed to disclose having used psychedelic drugs. In response to a letter of interrogatory, the Individual admitted that he had failed to fully disclose his illegal drug use on the 2024 QNSP and in a prior QNSP which resulted in his obtaining a security clearance in connection with his military service. At the hearing, the Individual asserted that he had discontinued illegal drug use, made positive changes in his life such that he would not return to illegal drug use, and intended to be honest and transparent when providing information related to the adjudication of his eligibility for access authorization in the future. However, in light of the Individual's multiple positive drug tests while possessing a security clearance, history of dishonesty related to his illegal drug use, and the lack of evidence to support the Individual's claimed abstinence from illegal drugs and changed life circumstances, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E or H . Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0188, Harmonick)

Access Authorization Granted, Guideline G

On January 3, 2025, an Administrative Judge determined that an Individual's access authorization should be granted under 10 C.F.R. Part 710. In 2023, the Individual reported on his Questionnaire for National Security Positions that his alcohol use had a negative impact on his personal life. The Individual was subsequently evaluated by a DOE-contracted psychologist (DOE Psychologist) who diagnosed the Individual with Unspecified Alcohol Related Disorder, pursuant to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR). At the hearing, the Individual testified that he had been abstinent from alcohol for approximately six months, had begun seeing a therapist, and had been regularly attending SMART Recovery meetings. He additionally provided documentary evidence to support his testimony. The DOE Psychologist opined that the Individual had established rehabilitation from the Alcohol Use Disorder with a good prognosis. After considering all the evidence presented, the Administrative Judge concluded that the Individual had resolved the Guideline G concerns and his access authorization should be granted. (OHA Case No . PSH-24-0179, Fine)