On May 13, 2022, an Administrative Judge determined that the Individual's access authorization should not be granted 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 Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption and criminal conduct. Regarding Guideline G, the LSO cited the DOE Psychologist's report which determined that the Individual met the diagnostic criteria for Alcohol Use Disorder (AUD), Moderate, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5), along with the Individual's criminal record of twelve alcohol-related arrests and charges.  Under Guideline J, the LSO invoked the Individual's twenty-two arrests.

At the hearing, the DOE Psychologist confirmed his diagnosis and recommendations, which included that the Individual be abstinent and attend individual counseling with a certified alcohol counselor and AA for a minimum of two years. The testimony and evidence established that the Individual did not satisfy any of the DOE Psychologist's recommendations. The Individual failed to resolve the Guideline G concerns. Since numerous criminal charges were alcohol -related, and the Individual had not controlled his alcohol use, he has not shown that his criminal behavior is unlikely to recur, therefore, Individual has not mitigated the concerns raised under Guideline J.  Accordingly, the Individual was not able to demonstrate that he had fully resolved the security concerns arising under Guidelines G and J. (OHA Case No. PSH-22-0025, Fishman)