Summary of Decisions - October 28, 2024 - November 01, 2024

OFFICE OF HEARINGS AND APPEALS WEEKLY REPORT
October 28, 2024 - November 01, 2024

Personnel Security Hearing (PSH)

Access Authorization Not Granted; Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement and Substance Misuse) and Guideline J (Criminal Conduct)

On October 29, 2024, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions (QNSP) in which she disclosed having been arrested for communicating threats to a neighbor. A background investigation of the Individual revealed that she had failed to disclose several written reprimands from employers, a marijuana -related criminal offense and five other incidents of unlawful conduct, five delinquent financial accounts, and three civil actions she initiated against other parties, as well as omitting or providing inaccurate information concerning her employment, residence, and familial history. At the hearing, the Individual brought forth information to show that she had resolved her delinquent financial accounts, she had not been cited for a drug - related offense in nearly twenty years, allegations by the local security office (LSO) concerning her drug-related conduct were unsubstantiated, and her alleged criminal conduct occurred so long ago, under such unusual circumstances, or was so trivial in nature that it did not present security concerns. However, the Individual did not provide sufficient evidence to mitigate the concerns related to her workplace infractions and failure to disclose information as required on the QNSP. The Administrative Judge therefore concluded that the Individual had resolved the security concerns under Guidelines F, H, and J, but not the security concerns under Guideline E. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No . PSH-24-0177, Harmonick)

Access Authorization Not Restored; Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct)

On October 29, 2024, an Administrative Judge determined that an individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was arrested for Driving While Intoxicated (DWI) in June 2015 and in January 2024, and admitted that he drove while intoxicated approximately twice per month. In March 2024, a DOE-contracted psychologist (Psychologist) determined that the Individual engaged in habitual and binge consumption of alcohol, without evidence of rehabilitation or reformation. At the hearing, the Individual and his wife testified that he had not consumed any alcohol since the January 2024 DWI, for a total of nine months of abstinence, and did not intend to go back to drinking. He had also been an engaged participant in Alcoholics Anonymous and had been receiving cognitive behavioral therapy to address the negative mindset that he believed drove his excessive drinking. The Psychologist, nonetheless, felt that the Individual could not sufficiently reduce his likelihood of relapse without successfully completing a substance abuse treatment program, with required aftercare for one year. Without that, the Psychologist could not find the Individual rehabilitated. The Administrative Judge concluded that the Individual had not mitigated the concerns under Guideline G or Guideline J, and therefore his clearance should not be restored. (OHA Case No. PSH-24-0137, Rotman)

Access Authorization Not Granted; Guideline B (Foreign Influence); Guideline E (Personal Conduct)

On October 31, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by the Department of Energy (DOE) in a position that requires him to hold a security clearance. In a Questionnaire for National Security Positions, the Individual stated that in March 2021, he married a foreign national who is a citizen of a DOE sensitive country. After assessing the Individual, the DOE Office of Counterintelligence (CI) found that the Individual demonstrated a lack of candor surrounding his contacts in and travel to the sensitive country. It concluded that the Individual posed a high potential risk to DOE equities. At the hearing, the Individual testified that he and his wife were seeking a divorce, and he stated that he had not had contact with her or her family since the spring of 2022. He additionally testified regarding the inconsistent and incomplete information he provided to counterintelligence. Ultimately, the Administrative Judge determined that the Individual had failed to mitigate the Guideline B and Guideline E security concerns, and she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24-0169, Quintana)

Access Authorization; Guideline G and J

On November 1, 2024, the 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 indicating that the Individual had been arrested and charged with DWI after consuming alcohol and driving home in 2023 and 2000. The Individual was also evaluated by a DOE-consultant psychologist (DOE Psychologist) who determined that the Individual drinks habitually and he binge consumes alcohol on a regular basis to the point of impaired judgment. The DOE Psychologist did not find adequate evidence of rehabilitation or reformation and made a series of recommendations. At the hearing, the Individual testified that he abstained from alcohol for two years while on probation for his 2000 DWI and returned to alcohol consumption when his probation ended . He testified that he was still on probation for his 2023 DWI and was compliant with the terms. He further testified that he continued to attend the weekly social activity that precipitated his 2023 DWI but had abstained from alcohol since November 2023 and had attended Alcoholics Anonymous at least twice monthly since March 2024. The Administrative Judge determined that doubt remained about the Individual's criminal conduct and problematic alcohol use due to his history of returning to alcohol use after completing probation for his 2000 DWI and his continued attendance of the social events that led to his 2023 DWI. Accordingly, the Individual was not able to mitigate the stated Guideline G and J concerns. (OHA Case No. PSH-24-0100, Martin)