PSH-24-­0104 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

August 16, 2024
minute read time

On August 16, 2024, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE Contractor in a position that requires him to hold a security clearance. In October 2023, the Individual tested positive for alcohol on a random breath alcohol test while at work. The Individual was subsequently evaluated by a DOE consultant psychologist, who diagnosed the Individual with Alcohol Use Disorder, Moderate and concluded that he habitually consumes alcohol. At the hearing, although the Individual presented evidence showing that he had completed an alcohol treatment program, was participating in aftercare, and had recently started individual counseling, he had not been abstinent for twelve months, as the DOE Psychologist recommended. The DOE Psychologist could not conclude that the Individual had shown adequate evidence of rehabilitation or reformation. The Administrative Judge found that the Individual had not mitigated the Guideline G security concerns. Accordingly, she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24­0104, Balzon)