PSH-23-0066 - In the Matter of Personnel Security Hearing

On May 24, 2023, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual was arrested for a drug-related offense while attending college and was denied a security clearance by the United States Navy after an investigation revealed that he failed to disclose his illegal drug use and arrest. The Individual completed a Questionnaire for National Security Positions (QNSP) in 2022 in which he disclosed that he had been required to undergo a psychological evaluation after engaging in disruptive behavior while attending college, had been hospitalized after bizarre behavior in 2019, and was fired from a job in 2020. However, an investigation revealed that the Individual failed to disclose that he had been diagnosed with Bipolar Disorder and had not complied with treatment recommendations. A DOE - contracted Psychologist (DOE Psychologist) evaluated the Individual and endorsed the Individual's diagnosis with Bipolar Disorder. At the hearing, the Individual asserted that he was unaware of his diagnosis with Bipolar Disorder when he completed the QNSP, he was undergoing treatment with a psychologist, and that the other incidents cited as security concerns were isolated events which were unlikely to reoccur. However, the Individual had not consulted with a psychiatrist concerning potential medication to control symptoms of Bipolar Disorder. The DOE Psychologist opined that the Individual remained at risk of Bipolar Disorder impairing his judgment, stability, reliability, or trustworthiness. The Administrative Judge concluded that the Individual's explanations for his omissions on the QNSP were implausible, his pattern of disruptive and inappropriate conduct continued to call into question his judgment and reliability, and that his Bipolar Disorder continued to present a risk of impairing his judgment, stability, reliability, and trustworthiness. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. ( OHA Case No. PSH-23-0066, Harmonick)