PSH-21-0035 - In the Matter of Personnel Security Hearing

On June 24, 2021, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Under Guideline G, the LSO alleged that (1) the DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder (AUD), Mild, in early sustained remission without evidence of rehabilitation or reformation and (2) On December 1, 2018, the Individual was charged with Driving While Intoxicated after he consumed 24 ounces of beer and a half pint of whiskey. On this occasion, the Individual had a Blood Alcohol Content (BAC) of .16 and admitted that he was intoxicated. At the hearing, the Individual and four other witnesses testified. The Individual's witnesses testified to such matters as the Individual's involvement with the Alcoholics Anonymous (AA) program, his reliability, trustworthiness, honesty, and ongoing sobriety. The Individual provided evidence that he had attended three sessions with his employer's Employee Assistance Program (EAP), had remained sober since approximately December 2, 2018, and had been attending AA meetings since August 2020, even regularly chairing some meetings. Further, the Individual enjoys broad support from his friends and family on his journey through sobriety. The DOE Psychiatrist testified that the Individual had demonstrated his rehabilitation as the DOE Psychiatrist had required. Based on credible testimony from lay witnesses, the Individual, and one expert, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concludes that the Individual's access authorization should be restored. OHA Case No. PSH-21-0035 (Janet R. H. Fishman).