Personnel Security Hearing (PSH)
Access Authorization Denied; Guidelines E (Personal Conduct) and I (Psychological Conditions)

On August 17, 2021, an OHA Administrative Judge issued a decision in which he determined that an individual's DOE access authorization should be denied. The LSO's security concerns were based upon the Individual's history of being discharged by five employers for various incidents of misconduct, and his failure to appropriately disclose three of those terminations at various stages of the security clearance process. Further, the DOE-consulting Psychiatrist (DOE Psychiatrist) determined that the Individual suffers from a personality condition that impairs his judgement, reliability, and trustworthiness, and further, that his prognosis is poor. At the hearing, the individual presented his own testimony and did not submit any exhibits. DOE counsel presented the testimony of the DOE Psychiatrist. After carefully considering the totality of the record, the Administrative Judge found that the individual had not resolved the concerns raised under Guidelines E and I. Regarding Guideline E, the Individual failed to take any significant action to attempt to resolve any omissions or falsifications prior to being confronted with them. Throughout the QNSP, the Individual either indicated that he left employment because of mutual agreement (with one exception) or provided a reason for his termination that was inconsistent with the reason provided by his former employer. The Individual only admitted to terminations after being confronted with them, and never altered the narrative that he was terminated for some reason for which he was not the cause. Regarding Guideline I, the Administrative Judge found that the DOE Psychiatrist credibly testified that although he could not formally diagnose the Individual, the Individual suffers from a condition that casts doubt on his judgement, and that he based his opinion on a solid factual foundation concerning the Individual's varied employment history. Further, there was no countervailing expert testimony that would lead one to question the DOE Psychiatrist's opinion. 

Consequently, based on all of the above, the Administrative Judge found that the individual's access authorization should be denied.  OHA Case No. PSH-21-0064 (Richard A. Cronin, Jr.).