PSH-24-0098 - In the Matter of Personnel Security Hearing

On July 19, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In January 2023, the Individual completed a Questionnaire for National Security Positions (QNSP), in which he disclosed that he was "wrongfully arrested" in June 2022. In a Letter of Interrogatory (LOI), the Individual stated that he had not consumed alcohol prior to the arrest. In February 2023, the Individual reported that he was arrested for Driving While Intoxicated, Alcohol (DWIA) two days prior to the report. The Individual subsequently underwent a psychological assessment with a DOE consultant psychologist (DOE Psychologist). The Individual informed the DOE Psychologist that he had consumed two beers prior to the June 2022 arrest. The DOE Psychologist concluded that the Individual habitually and binge consumes alcohol to the point of impaired judgment.

At the hearing, the Individual testified that he had been abstinent from alcohol for approximately two months but had not attended any formal treatment for alcohol. He also testified that he made a mistake regarding the information he provided on the LOI as he had limited memory surrounding the night of the June 2022 arrest. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation regarding his habitual and binge consumption of alcohol to the point of impaired judgment. Ultimately, the Administrative Judge determined that although the Individual mitigated the Guideline E security concern, he had failed to mitigate the Guideline G and Guideline J security concerns. She concluded that the Individual's access authorization should not be granted.(OHA Case No. PSH-24-0098, Quintana)