PSH-22-0092 - In the Matter of Personnel Security Hearing

On August 24, 2022, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions in 2021 in which he disclosed that he had been arrested for Driving Under the Influence (DUI) in 2015 and 2020. The Office of Personnel Management (OPM) conducted a background investigation of the Individual which revealed that he had been arrested for DUI in 2010 and 2012, that he consumed alcohol to intoxication on a monthly basis, and that multiple women had been granted orders of protection against him for alleged domestic violence. During the course of OPM's investigation, the Individual was arrested for DUI and violating the terms of his probation from the 2020 DUI offense. At the hearing, the Individual demonstrated that he had completed an intensive outpatient program (IOP) for alcohol treatment, regularly attended Alcoholics Anonymous (AA) meetings and individualized counseling, and had undergone alcohol testing to establish his abstinence from alcohol. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline G because of the lack of evidence concerning the extent of his participation in the IOP and AA and the limited scope of the alcohol testing he provided. The Administrative Judge also concluded that security concerns under Guideline J persisted because of the Individual's extensive history of criminal conduct and the relatively short period of time that had elapsed since his most recent DUI. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-22-0092, Harmonick)