Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
October 1, 2021
minute read time
Personnel Security Hearing
Access authorization not restored; Guideline E (Personal Conduct), Guideline I (Psychological Conditions), and Guideline M (Use of Information Technology)
On September 27, 2021, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) and indicated that he had not violated any information technology (IT) rules, procedures, guidelines, or regulations in the prior seven years. However, the Individual subsequently volunteered to an Office of Personnel Management (OPM) investigator that he had violated his employer's IT rules. The Individual also disclosed that he believed that he had uncovered that a network of Freemasons was manipulating his life, that the Freemasons were responsible for important events in history, and that he would usher in a new era for humanity. A DOE-contracted psychiatrist (DOE Psychiatrist) evaluated the Individual and determined that he met the diagnostic criteria for Delusional Disorder and Attention Deficit Hyperactivity Disorder (ADHD) under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychiatrist opined that the Individual's Delusional Disorder could impair his judgment, reliability, stability, or trustworthiness, and that ADHD could compound the adverse effects of Delusional Disorder. The Individual testified at the hearing as to his ongoing belief in having discovered a conspiracy by Freemasons and denied that he was delusional. The DOE Psychiatrist opined that his diagnosis was unchanged, and that the Individual's prognosis without treatment was poor to very poor. The Administrative Judge determined that the passage of time and the Individual's forthcomingness mitigated the security concerns related to his violations of his employer's IT policies and failure to disclose these violations on the QNSP. However, the Administrative Judge found that the Individual's presentation at the hearing and the opinion of the DOE Psychiatrist established that the security concerns under Guideline I were unresolved. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (Phillip Harmonick)
Access Authorization Restored; Guideline H (Drug Involvement and Substance Misuse)
On September 29, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored.
The Individual reported to a local security office (LSO) that he had become addicted to an amphetamine medication that doctors had prescribed to him and Kratom, an over-the- counter herbal supplement with stimulant and opiate-like effects. Because of the concerns raised by the Individual's reports, the LSO requested that the Individual undergo a psychological evaluation by a DOE-contracted Psychologist (the Psychologist). The Psychologist issued a report in which he found that the Individual met the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5) criteria for Stimulant Use Disorder, Moderate (SUD), and that the Individual had not been adequately rehabilitated or reformed from his SUD. Ex. 9 at 6.
However, the Individual was able to demonstrate that he had taken effective actions to address his substance abuse disorders, including intensive individual therapy to address the underlying motivation for his substance abuse, and that he had discontinued substance abuse since September 2020, approximately one year prior to the Hearing. After observing the testimony of the Individual, his spouse, and two of his treating counselors, the Psychologist opined that the Individual's prognosis is now "good" and that he is now rehabilitated or reformed.
Therefore, the AJ found that the Individual's security clearance should be restored. (Steven Fine).