PSH-18-0078 - In the Matter of Personnel Security Hearing

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On February 20, 2019, an OHA Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should be granted. To support the Guideline E security concerns, the LSO relied upon the fact that the Individual had three Driving Under the Influence (DUI) charges; failed to inform an Office of Personnel Management (OPM) investigator that he failed a urinalysis performed pursuant to an Intensive Outpatient Treatment Program (IOP); and his misleading statements to both the OPM investigator and the DOE consulting psychologist regarding his knowledge about whether he was required to remain abstinent. To support the Guideline G concerns, the LSO relied upon the fact that the DOE consulting psychologist diagnoses the Individual as suffering from Alcohol Use Disorder, Severe; the Individual's three DUI arrests; his two other diagnoses of Alcohol Use Disorder, Severe, by two other treatment centers; his subsequent treatment; his deferred prosecution for the November 2016 DUI; and his failed urinalysis test in March of 2017. After carefully considering the totality of the record, the Administrative Judge found that the Individual's clearance should be granted. As for the mitigation of the Guideline G concerns, the Administrative Judge found that the Individual had mitigated the concerns by his acknowledgement of his alcohol problem; his openness regarding his AA and IOP attendance; his active participation in AA and the IOP, including regular meetings with his AA sponsor; his abstinence since March 2017; and, most convincingly, the testimony of the DOE consulting psychologist that the Individual is rehabilitated and that his risk of relapse is low. In resolving the Guideline G concerns, the Individual also resolved the Guideline E concerns as his earlier denials and confusion are an aspect of the Alcohol Use Disorder for which the Individual has received treatment and now evidences adequate reformation and rehabilitation. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should be granted at this time. OHA Case No. PSH -18 -0078 (Janet R. H. Fishman).