PSH-24-0159 - In the Matter of Personnel Security Hearing

On October 8, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was arrested and charged with Assault on a Family Member in January 2024 in connection with an altercation with his wife that occurred after they had both consumed alcohol. The Individual subsequently disclosed to the local security office that the dispute with his wife concerned his having engaged in an extra -marital affair and that he routinely consumed alcohol to the point of intoxication. The Individual met with a DOE ­contracted psychologist (DOE Psychologist) who opined that the Individual habitually or binge consumed alcohol to the point of impaired judgment. The DOE Psychologist recommended that the Individual participate in outpatient substance use counseling and attend Alcoholics Anonymous meetings. At the hearing, the Individual brought forth evidence that he and his wife had participated in marital counseling and that his extra-marital affair was unlikely to make him susceptible to manipulation or duress. However, the Individual denied that he misused alcohol, indicated that he continued to consume significant quantities of alcohol as of the date of the hearing, and expressed that he did not believe that he needed alcohol-related counseling. The Administrative Judge concluded that the Individual had resolved the security concerns under Guideline E, but not the security concerns under Guidelines G and J. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0159, Harmonick)