Summary of Decisions - January 13, 2025 - January 17, 2025

Personnel Security Hearing (PSH)  

Access Authorization Not Restored; Guidelines G (Alcohol Consumption) and I (Psychological Conditions).

On January 14, 2025, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. In January 2024, the Individual took time off from work after he consumed a bottle of liquor in one night. Subsequently, he was diagnosed with Substance Use Disorder, without adequate evidence of rehabilitation or reformation, Major Depression, and Generalized Anxiety Disorder. The Individual testified that he was seeing a psychiatrist every six weeks and the psychiatrist had told him to wean himself off alcohol. He also prescribed medications for his depression and anxiety. The Individual's significant other stated that she last saw the Individual intoxicated approximately one month before the hearing, but that he had lessened his alcohol consumption since the January 2024 incident. The Individual confirmed that he was still consuming alcohol, but in a lessened amount. The DOE Psychiatrist testified that, after listening to all the testimony and reviewing the administrative record, he could not conclude that the Individual was adequately rehabilitated or reformed. He stated that someone who had their alcohol consumption under medical supervision would have the consumption decreased over days or weeks, not months. The Administrative Judge found that the Individual had not mitigated the Guideline G concerns. She also found that the Individual had not mitigated the Guideline I concerns as the mood disorders are exacerbated by the Individual's alcohol consumption and there was not testimony or evidence from a duly qualified mental health profession that his condition was in control or remission . (OHA Case No. PSH-24-0156, Fishman)

Access Authorization Not Granted; Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse)

On January 16, 2025, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. While recovering from life-threatening injuries in a car accident, the Individual used three performance enhancing drugs, one of which was not approved for use in humans, without a prescription on several occasions, the last of which occurred in 2020. He did not report his drug use as required. In 2021, the Individual certified in his QNSP that he had not used illegal drugs within the preceding 7 years. In 2024, his office received an anonymous letter alleging that he was buying and selling performance enhancing drugs at a local gym. When confronted, the Individual admitted to using the drugs but maintained that he never bought or sold them. At the hearing, the Individual asserted that he had discontinued illegal drug use and stated that he had made a mistake by using the drugs and by not reporting his use. He claimed that the drugs were given to him for free by a person he knew only by his first name and who he only saw by chance at the gym. The Individual did not provide a signed statement that he would abstain from drug use in the future, had not attended drug counseling, and had not taken concrete steps to improve his decision-making skills. The Individual did not provide evidence beyond his word that he would not use again if faced with a similar situation. Given his history of dishonesty and failure to report as required, the Individual's statements at the hearing held limited weight. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E or H. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0172, Martin)

Access Authorization Not Granted; Guideline J (Criminal Conduct); Guideline I (Psychological Conditions); Bond Amendment

On January 17, 2025, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is a prospective employee of a Department of Energy (DOE) contractor seeking a position that requires him to hold a security clearance. In March 2023, the Individual completed a Questionnaire for National Security Positions ( QNSP), in which he disclosed that he was arrested for Felony Burglary in April 2009 and incarcerated for approximately five years. Upon performing a background investigation, the Local Security Office ( LSO) uncovered additional charges, arrests, citations, and warrants attributed to the Individual between 1998 and 2020. The Individual subsequently underwent a psychiatric assessment with a DOE consultant psychiatrist (DOE Psychiatrist). The DOE Psychiatrist concluded that the Individual met sufficient criteria for a diagnosis of Antisocial Personality Disorder (APD), as set forth in the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition - Text Revision (DSM-5-TR). At the hearing, the Individual accepted responsibility for the various charges, arrests, citations, and warrants attributed to him with the exception of a 1998 traffic-related citation. He noted that he had not been arrested since 2020 and testified that he has been generally abstinent from drugs over the last four years. The DOE Psychiatrist testified that although he believed the Individual was showing gradual improvement, because symptoms of APD generally take years to diminish, he could not conclude that the Individual's APD was in sustained remission. Ultimately, the Administrative Judge determined that the Individual failed to mitigate the Guideline J and Guideline I concerns and was disqualified from holding an access authorization under the Bond Amendment. Therefore, she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24-0181, Quintana)