PSH-22-0085 - In the Matter of Personnel Security Hearing

On August 29, 2022, 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 Local Security Office (LSO) received derogatory information regarding the Individual's alcohol use and criminal conduct. Regarding Guideline G, the LSO cited his diagnosis by a DOE Psychiatrist of Alcohol Use Disorder, Moderate, in early remission, and his two alcohol related incidents. Regarding Guideline J, the LSO cited his alcohol-related arrest. The Judge found that the Individual has mitigated the Guideline G concerns regarding his alcohol use. The Individual testified that he has been abstinent since his alcohol -related arrest. He has voluntarily submitted to phosphatidylethanol (PEth) testing since April of 2021 and underwent random alcohol and drug tests in December 2021 and three times in February 2022. He attended an intensive outpatient program and is currently enrolled in a regular outpatient program, which includes one-on-one counseling. The Individual is attending Alcoholics Anonymous. The DOE Psychiatrist opined that the Individual "is showing rehabilitation efforts that I requested - or recommended, I should say, in the evaluation."  Based on the facts, the Judge found that the Individual met the mitigating conditions set forth under Guideline G.  Regarding the Guideline J concerns, since that behavior was a direct result of his maladaptive alcohol use, the Judge found that the Individual mitigated the Guideline J concerns as well. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guidelines G and J. ( OHA Case No. PSH-22-0085, Fishman)