Personnel Security; Access Authorization Restored; Guideline G (Alcohol Consumption, Guideline J (Criminal Conduct)
Office of Hearings and Appeals
March 21, 2024On March 21, 2024, an Administrative Judge issued a decision restoring an Individual's security clearance, which had been suspended after he was arrested and charged with Driving Under the Influence of Alcohol (DUI). At the hearing, the Individual presented evidence that he had abstained from alcohol since his arrest, had completed an Intensive Outpatient Program for substance abuse, was attending alcohol education classes, was attending Alcoholics Anonymous and had obtained a sponsor, and was in compliance with the terms of his criminal sentence. A DOE Psychologist who had previously evaluated the Individual opined that the Individual was rehabilitated and reformed and had a good prognosis for remaining abstinent from alcohol. The Administrative Judge found that the Individual had mitigated the concerns raised under Guidelines G and J and, accordingly, found that the Individual's security clearance should be restored. ( PSH-24-0034, Martin) ( OHA Case No. PSH-24-0034, Martin)