On December 1, 2022, an Administrative Judge determined that the Individual's access authorization should 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. On July 20, 2021, the Individual self-reported that he was arrested and charged with Driving Under the Influence of Alcohol (DUI) on July 18, 2021. Subsequently, the Individual completed a Letter of Interrogatory and underwent an evaluation by a DOE consultant Psychologist. In his report, the Psychologist diagnosed the Individual with Alcohol Use Disorder, moderate in early remission. He concluded that, at the time of the evaluation, the Individual had not demonstrated adequate evidence of rehabilitation. In order to show rehabilitation, the Psychologist recommended that the Individual (1) present evidence (such as PEth tests) that he has abstained from alcohol for an additional six months; (2) form a relationship with a psychodynamically-oriented therapist; and (3) continue to attend AA at least three times a week.

At the hearing, the Individual, two of his supervisors, and the DOE Psychologist testified. The evidence in the record established that the Individual was participating in Alcoholics Anonymous (AA) meetings, that he was attending meetings in a group that connected him to his culture and community, and that he had submitted multiple negative PEth tests.

The DOE Psychologist testified that after hearing the Individual and his brother's testimony and reviewing the exhibits, he believes that the Individual has gained insight into the fact that his drinking behavior was problematic. The DOE Psychologist further opined that the Individual has put forth sufficient evidence of rehabilitation. She stated that the Individual's AA attendance verification coupled with his testimony shows that he began attending AA meetings in April 2022, and she found his assertions credible, that he was attending AA meetings since April consistently. The DOE Psychologist further concluded that she is satis The DOE Psychologist testified that based on the testimony at the hearing that he believed that the Individual had put forth sufficient evidence of rehabilitation.  He noted that the Individual had largely fulfilled the recommendations made in his report. While the Individual did not enroll in psychodynamic therapy, the Psychologist felt that the Individual's cultural group meetings provide the Individual with a feeling of connection similar to what would be achieved in psychodynamic therapy.

The Administrative Judge concluded that the Individual had mitigated the Guideline G concerns. The Individual testimony was credible about the measures he had taken to stop his drinking. The Individual has backed up his testimony with a series of negative PEth tests which would detect alcohol consumption. Lastly, the DOE Psychologist provided a creditable expert testimony regarding the Individual's rehabilitation.  Based on the evidence, the Administrative Judge concluded that the Individual had mitigated Guideline G and Guideline J concerns. (OHA Case No. PSH-22-0119, Cronin)