On January 13, 2023, an Administrative Jude determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires her to hold a security clearance to carry out work tasks. the Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. With respect to Guideline G, the LSO alleged that the DOE Psychologist diagnosed the Individual with Alcohol Use Disorder (AUD), Moderate, without adequate evidence of rehabilitation or reformation and determined that the Individual "habitually and binge consumes alcohol to the point of impaired judgment." The LSO further alleged that in March 2022, the Individual was arrested and charged with DWI and Fail to Obey Traffic Control Device, that the Individual's breath alcohol content (BAC) registered at .182, and that the Individual indicated that she had consumed approximately three to four 30-ounce beers prior to the arrest.
At the hearing, the Individual, her supervisor, three of her friends, and the DOE Psychologist testified . The record established that the Individual consumed alcohol during celebrations in March 2022, was subsequently stopped by law enforcement personnel while operating a vehicle, and criminally charged after a breath alcohol test was conducted. The Individual properly self -reported the matter the next business day. Following the incident, the Individual participated in a twenty -hour intervention program. The DOE Psychologist diagnosed the Individual with AUD and recommended that the Individual complete twenty-four substance abuse therapy sessions with a licensed therapist, attend monthly relapse prevention groups for one year, and abstain from alcohol. The Individual did not seek therapy or treatment specific to substance abuse, preferring to remain in the exclusive care of her own therapist. Although the Individual testified that she had reduced her alcohol consumption, she did not endeavor to remain abstinent, and last consumed alcohol in the week preceding the hearing. She testified that she participated in regular exercise and religious services to assist her in making incremental changes to become a better person. She also indicated that the intervention program helped her rethink her relationship with alcohol. At the hearing, the DOE Psychologist testified that the Individual had not shown adequate evidence of rehabilitation or reformation. Based on the foregoing, the Administrative Judge could not find that the Individual had mitigated the stated concerns in the Summary of Security Concerns pursuant to the applicable mitigating factors. ( OHA Case No. PSH-23-0003, Rahimzadeh)