On May 27, 2021, an OHA Administrative Judge (AJ) determined that an Individual's DOE access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires a security clearance. During the security clearance investigation process, the Individual submitted a Questionnaire for National Security Positions (QNSP) in which he disclosed having voluntarily participated in sobriety treatment for alcohol, however, he omitted that he had voluntarily participated in substance abuse treatment and additional alcohol treatment. He further certified on his QNSP that he had not used illegal drugs or controlled substances in the past seven years, and denied prior use of illegal drugs during an enhanced substance interview. However, the Local Security Office (LSO) obtained treatment information reflecting that the Individual had previously received inpatient treatment for heroin use and polysubstance dependency. The Individual later disclosed during a DOE psychological evaluation that he had previously used heroin, methamphetamine, and marijuana. He also disclosed his history of alcohol and drug treatment, and admitted he had resumed alcohol consumption since 2017. The DOE Psychologist determined that the Individual was engaging in heavy consumption of alcohol and recommended that he remain abstinent for nine months, participate in an intensive outpatient program (IOP) and aftercare program, and undergo alcohol testing (PEth tests) every two months. At the hearing, the Individual admitted that he had intentionally failed to disclose his past drug  use and drug treatment partly due to his feelings of shame and negative stigma associated with heroin use, and his belief that the DOE would not hire him if they learned of his previous drug use. He also admitted that if the DOE Psychologist not confronted him with his drug treatment information contained in the record, he probably would not have disclosed his previous drug use and treatment. Regarding his alcohol use, the Individual asserted that until June or July 2020, he had maintained abstinence for over 12 months, and presented a letter from his IOP counselor and copies of negative PEth tests. However, he admitted that he had recently relapsed and testified that he last used alcohol 46 days prior the hearing, and
presented a positive PEth test from April 2021. After reviewing the evidence and observing all the testimony at the hearing, the DOE Psychologist testified that the Individual meets the criteria for a diagnosis of alcohol use disorder, moderate. She further opined that the Individual has not shown adequate evidence of rehabilitation or reformation. The Administrative Judge determined that the Individual did not resolve the security concerns
associated with Guideline E and Guideline G. Accordingly, she concluded that the Individual's access authorization should not be granted. OHA Case No. PSH-21-0024 (Kimberly Jenkins-Chapman).