PSH-22-0071 - In the Matter of Personnel Security Hearing

On June 24, 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 the Psychiatrist's opinion that the Individual was habitually consuming alcohol  to  the  point  of  impaired  judgment,  and,  in  October  2021,  local  authorities  arrested and charged the Individual with Driving Under the Influence of Intoxicating Liquors.

The AJ also concluded the Individual had resolved the Guideline G security concerns for the following  reasons.  First,  there  was  ample  evidence  that  the  Individual  acknowledged  his pattern  of  maladaptive  alcohol  use.  His  testimony  demonstrated  that  he  understood  his alcohol use was a problem, and he proactively set out to address it by following the recommendations of his treatment providers. He also identified and reflected on his poor judgement, how his conduct negatively impacted his life and his family, and he expressed regret for his behavior. Second, the Individual put forth evidence of the actions that he had taken to overcome the problem: he stopped consuming alcohol; he successfully completed treatment; he was currently participating in aftercare, AA,  and  online  treatment;  he  continued to maintain his sobriety; and there was no evidence in the record that he had a history of relapse. Finally, the Individual demonstrated a clear and established pattern of abstinence in accordance with treatment recommendations: he had abstained from alcohol for a significant period,  and  the  Psychiatrist  opined  that  the  Individual  had  met  all  treatment recommendations.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns. OHA Case No. PSH-22-0071 (James P. Thompson III)