PSH-24-0024 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

February 9, 2024
minute read time

On February 9, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In February 2023, the Individual reported that he was arrested for Driving While Intoxicated (DWI) in December 2022. The Individual subsequently underwent a psychological assessment with a DOE consultant psychologist (DOE Psychologist) who concluded that the Individual was using alcohol to excess and was binge consuming alcohol frequently to the point of impaired judgment. At the hearing, the Individual testified that he had been abstinent from alcohol for approximately three months and had attended two Alcoholic Anonymous meetings. He also testified that he had delayed reporting the DWI and had underreported his alcohol consumption because he was afraid of losing his job. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation regarding his habitual or binge consumption of alcohol to the point of impaired judgment. Ultimately, the Administrative Judge determined that the Individual had failed to mitigate the Guideline E and Guideline G security concerns, and she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0024, Quintana)