Personnel Security Hearing (PSH)

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

On April 12, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual had a long history of substance abuse, a history of unsuccessful substance abuse treatment, and had failed a blood alcohol test ( BAT) administered at his workplace.    This information led a Local Security Office (LSO) to request that the Individual be evaluated by a Psychologist, who then diagnosed the Individual with Alcohol Use Disorder (AUD). In addition, the LSO issued a Letter of Interrogatory (LOI) to the Individual which asked the Individual how much alcohol he had consumed prior to his positive BAT, and the Individual responded by significantly underreporting the amount of alcohol he had consumed.

At the hearing, the Individual attempted to mitigate the concerns raised by his AUD by showing, through the submission of testimony and laboratory reports showing that he had abstained from alcohol use for five and a half months, had successfully completed a second Intensive Outpatient Program and that he had fully engaged in Alcoholics Anonymous (AA) including attending several meetings a week, working AA's Twelve-Step Program and obtaining   an   AA   sponsor.   The Accordingly, the AJ found that the Individual had successfully had not mitigated the security concerns under Guideline G raised by his history of two alcohol -related arrests. Although the AJ was highly impressed with the Individual's progress, he found that the Individual's sobriety was still in its beginning stage and had yet to meet the full test of time, given his longstanding history of substance abuse and his history of unsuccessful treatment. Accordingly, the AJ found that the Individual had not successfully mitigated the security concerns under Guideline G raised by his AUD and positive BAT.

While the AJ found that the Individual had not sufficiently mitigated the security concerns raised by his AUD, he found that the counseling, AA education, and treatment that the Individual had received for his AUD had meaningfully changed his behavior by making him open and honest about his alcohol problem, noting that the Individual now openly identifies as an alcoholic and recognizes the importance of honesty, especially about his alcohol use, in his recovery.   The AJ further found that the Individual's openness and honesty about his alcohol problem had alleviated his need to conceal his alcoholism, the very stressor that caused him to conceal the true extent of his alcohol consumption. Accordingly the AJ found that the Individual had successfully mitigated the security concerns under Guideline E raised by his omission.

The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0026, Fine)

Access Authorization Not Granted; Guideline G (Alcohol Consumption).

On April 12, 2022, 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. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption.   In   addition   to alleging alcohol-related incidents away from work, the LSO alleged   that   a   DOE -consultant Psychiatrist (DOE Psychiatrist) diagnosed the Individual with Alcohol Use Disorder (AUD), Severe, In Early Remission.

At the hearing, the Individual, his AA sponsor, his self -help group leader, his counselor, his psychotherapist, and the DOE Psychiatrist testified. The competent testimony   and   evidence established that the Individual began his efforts to abstain from alcohol in June 2019 and sought the assistance of his employer's Employee Assistance Program (EAP). The Individual sought treatment pursuant to the EAP counselor's advice, and later, he completed an intensive outpatient program (IOP) in April 2020. The Individual participated in group and individual therapy. The Individual suffered a relapse in October 2020. During this relapse, the Individual took unapproved leave, for which he was disciplined in December 2020. He began seeing a psychotherapist in November 2020, primarily focusing on treatment for his alcohol consumption. The Individual suffered a second relapse in July 2021. Having previously engaged the Alcoholics Anonymous program, the Individual did not immediately reach out to his AA. However, he did reach out to his family, his EAP counselor, and he went on to join a self-help alcohol group.

A number of alcohol testing results were also submitted into the record, and at the start of his testimony, the DOE Psychiatrist stated that the testing results were consistent with the amounts of alcohol the Individual indicated he had consumed at the time of his relapses. Although the Individual recognized his maladaptive alcohol use, receives therapy, completed treatment, engaged his local AA chapter and a similar group, and enjoys a strong support system, he failed to mitigate the Guideline G concerns stated in the Notification Letter. Among other recommendations, the DOE Psychiatrist stated that the Individual should remain abstinent for a period of twelve months. As the Individual relapsed in July 2021, he had not met this specific recommendation, and therefore, could not show adequate evidence of rehabilitation or reformation.

Accordingly, the Individual was not able to demonstrate that he had fully resolved the security concerns arising under Guideline G. (OHA Case No. PSH-22-0014, Fishman)

Access Authorization Restored; Guideline G (Alcohol Consumption); Guideline J (Criminal Conduct)

On April 13, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In early February 2021, the Individual self-reported that he had been arrested for Driving Under the Influence (DUI) in January 2021. Subsequently, the Individual completed a Letter of Interrogatory (LOI) in February 2021 and was evaluated by a DOE consultant psychologist (Psychologist) in May 2021. The Psychologist diagnosed him with Alcohol Use Disorder, Moderate, without adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had successfully completed an outpatient treatment program, had been abstinent from alcohol for nearly a year, and had subsequently observed improvements in his life . After hearing the Individual's testimony, the Psychologist opined that the Individual had demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Moderate. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concerns associated with Guideline G and Guideline J. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0042, Quintana)