PSH-23-0009 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption); Guideline I (Psychological Conditions)

Office of Hearings and Appeals

March 30, 2023
minute read time

On March 30, 2023, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) suspended the Individual's security clearance application process because he had omitted information from his security forms on several occasions; been diagnosed with Alcohol -Induced Depressive Disorder (AIDD); admitted alcohol had negatively impacted his life, including receiving criminal charges; and been hospitalized for suicidal thoughts and excessive alcohol consumption.

At the conclusion of the hearing, the AJ determined the following. The LSO appropriately invoked Guidelines E, G, and I. The AJ also concluded the following. First, the Individual's justification for his omissions did not outweigh the concern that his conduct was motivated by a desire to avoid disclosing information that he perceived to be negative. Second, the Individual continued consuming alcohol despite the recommendations from his doctor and the DOE consultant -psychologist (" Psychologist") that he abstain, and he was still in the initial stages of pursuing the treatment recommendations. Lastly, the AJ found persuasive the Psychologist's opinion that the Individual's prognosis was not positive given his failure to follow the treatment recommendations. Accordingly, the AJ concluded that the Individual had not resolved the Guideline E, G, and I security concerns. (OHA Case No. PSH-23-0009, Thompson III)