PSH-22-0069 - In the Matter of Personnel Security Hearing

On July 21, 2022, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) discovered derogatory information regarding the Individual's alcohol use, which prompted the LSO to request that the Individual be evaluated by a DOE-consultant psychiatrist ("Psychiatrist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance because the derogatory information raised security concerns under Guideline G of the Adjudicative Guidelines.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G by citing (1) the Psychiatrist's opinion that the Individual met the criteria for Alcohol Use Disorder, Severe, in early remission, (2) the Individual's recent hospitalization for alcohol use, and (3) the Individual's several past alcohol-related criminal charges, including charges for Driving Under the Influence, that occurred between 2014 and 1997.

The AJ concluded the Individual had resolved the Guideline G security concerns for the following reasons. First, the Individual unequivocally acknowledged his maladaptive alcohol use during the hearing. Second, he set forth evidence of the actions he had taken to overcome his problem: he had abstained from alcohol, as documented by testimony and the record of clinical testing; he regularly saw a therapist and attended AA; he was supported by his wife and family; and he engaged in healthier activities. Third, the Individual expressed a strong commitment to sobriety. Fourth, the DOE Psychiatrist testified at the hearing that the Individual had rehabilitated and reformed his AUD and gave the Individual a good prognosis with a low chance of relapse. Accordingly, the AJ concluded that the Individual had demonstrated a clear pattern of abstinence in accordance with treatment recommendations. The AJ also concluded that the conduct that resulted in the Individual's prior alcohol-related charges and arrests were unlikely to recur because they occurred over seven years ago and were linked to the Individual's alcohol consumption.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns . OHA Case No. PSH-22-0069 (James P. Thompson III)