On January 19, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Individual reported to the local security office (LSO) that he was arrested and charged with driving while intoxicated (DWI) in August 2021. The LSO subsequently discovered the Individual had four alcohol -related arrests between 1991 and 2015. Regarding Guideline G, the LSO cited his diagnosis by a DOE Psychiatrist, Individual with Alcohol Use Disorder, Mild, in early remission, and his prior alcohol related arrests and charges . Regarding Guideline J, the LSO cited his alcohol-related arrests and his 1986 arrest for burglary of a vehicle.
At the hearing, the Individual testified that he has been abstinent from alcohol for sixteen months since his August 2021 DWI. He presented evidence that he had completed a six -week Employee Assistance Program (EAP) Alcohol Education and Awareness class. Moreover, he took further action steps by subsequently joining another EAP treatment group that he continues to participate in to ensure maintenance of his abstinence. His EAP Counselor testified that the Individual had demonstrated an impressive level of engagement and tangible progress in both EAP groups . Additionally, the Individual testified that he currently participates in a SMART Recovery treatment program and submitted a positive written statement from his SMART facilitator who corroborated his assertions that he implements the skills that he has learned. He also provided evidence of seven negative Phosphatidylethanol (PEth) tests to support his assertions of abstinence. Additionally, the Individual showed he had taken steps to change his social life by isolating himself from his old friends and avoiding social settings where alcohol is being consumed. The DOE Psychiatrist opined that the Individual had complied with all of his recommendations and had demonstrated adequate evidence of rehabilitation or reformation from Alcohol Use Disorder, Mild. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concern associated with Guideline G. Regarding Guideline J concerns, since the behavior regarding the Individual's alcohol -related arrests was a direct result of his maladaptive alcohol use and the 1986 charge was so remote in time, the Judge found that the Individual mitigated the Guideline J concerns as well. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0130, Balzon)