Personnel Security Hearing (PSH)

Personnel Security; Access Authorization Granted; Guidelines E (Personal Conduct) and H (Drug Involvement and Substance Misuse)

On February 27, 2019, an Administrative Judge issued a decision in which he determined that an Individual should be granted access authorization. In a Notification Letter issued to the Individual, the DOE alleged the existence of derogatory information under Adjudicative Guidelines E and H. Several years ago, the Individual admitted to and tested positive for marijuana use while in possession of a security clearance and after signing a Drug Certification. After conducting a hearing, the Administrative Judge determined that (1) the Individual last used marijuana approximately five years ago; (2) the Individual experienced significant consequences as a result of his conduct including losing his job, depleting his 401(k), and working a difficult job outside of his home state while living separate from his wife and child; and (3) the Individual presented significant evidence that he had acknowledged and learned from his mistake and taken positive steps to alleviate  the circumstances that contributed to his inappropriate behavior such that the behavior is unlikely to recur. The Administrative Judge therefore concluded that the Individual had mitigated the security concerns and accordingly concluded that the Individual should be granted access authorization. OHA Case No. PSH-18-0089 (James P. Thompson III, ).

Personnel Security; Access Authorization Granted; Guideline G (Alcohol Consumption)

On March 1, 2019, an Administrative Judge issued a decision in which she determined that an Individual should be granted access authorization. In a Notification Letter issued to the Individual, the DOE alleged the existence of derogatory information under Adjudicative Guideline G regarding the Individual's habitual, excessive alcohol consumption. After conducting a hearing, the Administrative Judge determined that the Individual had modified his alcohol consumption to a level that did not cast doubt on his judgment, trustworthiness, and reliability. The Administrative Judge relied upon that finding to conclude that the Individual had mitigated the concerns related to his alcohol consumption. Accordingly, the Administrative Judge found that the Individual should be granted access authorization. OHA Case No. PSH-18-0080 (Kimberly Jenkins-Chapman).

Personnel Security; Access Authorization Not Restored; Guideline I (Psychological Conditions)

On March 1, 2019, an Administrative Judge determined that an Individual’s access authorization under 10 C.F.R. Part 710 should not be restored. The Individual disclosed on an Electronic Questionnaire for Investigations Processing that he had been diagnosed with Bipolar Disorder. The Individual subsequently disclosed during a personnel security interview conducted by the local security office that he suffered from frequent manic and depressive episodes, and that during manic episodes he experienced uncontrollable anger and hypersexuality. A DOE-contracted psychologist (DOE Psychologist) evaluated the Individual, diagnosed the Individual with Bipolar II Disorder under the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, and concluded that the Individual’s hypomanic episodes could impair his judgement. The DOE Psychologist recommended that the Individual pursue treatment with a qualified medical practitioner and participate in psychoeducational counseling. The Individual testified during the hearing that he had consulted with a psychiatrist who had prescribed him medication that was helping him to manage his symptoms. However, the Individual did not meet with his psychiatrist frequently enough for the psychiatrist to offer an opinion as to the Individual’s prognosis and the Individual did not participate in the psychoeducational counseling recommended by the DOE Psychologist. As the Individual was not pursuing an optimal course of treatment, the DOE Psychologist opined that the Individual’s judgement might still be impaired during hypomanic episodes. The Administrative Judge concluded that the Individual had not satisfied the DOE Psychologist’s treatment recommendations or mitigated the security concerns under Guideline I. Accordingly, the Administrative Judge determined that the Individual’s access authorization should not be restored. OHA Case No. PSH-18-0091 (Richard A. Cronin, Jr.,).

Personnel Security; Access Authorization Not Restored; Guideline G (Alcohol Consumption) and Guideline I (Psychological Issues)

On February 26, 2019, an OHA Administrative Judge (AJ) issued a decision in which he determined that an Individual’s DOE access authorization should be not be restored.

The Individual had been diagnosed with Alcohol Use Disorder (AUD), Severe, and Alcohol-Induced Depressive Disorder. The Individual recognized that he had a serious alcohol problem and had successfully completed an inpatient treatment program, become active in Alcoholics Anonymous, and engaged in individual counseling. The Individual was able to maintain his sobriety for approximately nine months, but then suffered three relapses, the last of which occurred one month prior to his hearing. Because of these relapses, the Individual’s AUD was no longer in remission at the time of the hearing, and therefore the security concerns raised under Guidelines G and I were not mitigated. Accordingly, the AJ found that the Individual's access authorization should be not be restored, despite the Individual’s laudable candor during the administrative review process and his diligent efforts to address his AUD. OHA Case No. PSH-18-0088 (Steven L. Fine).