PSH-19-0051 - In the Matter of Personnel Security Hearing

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On November 6, 2019, an OHA Administrative Judge (AJ) issued a decision in which she determined that an Individual's DOE access authorization should not be granted. To support the Guideline G security concerns, the LSO alleged that the Individual was unable to abstain from alcohol, despite a desire to do so following an alcohol-involved domestic dispute. The LSO also alleged that the Individual attempted to abstain from alcohol after an arrest for a disorderly conduct but admitted that within a few weeks, the Individual was again consuming 10 to 20 beers per night. Further, the LSO contended that (1) the Individual admitted to drinking six to twenty beers per day from 2013 to 2018; (2) was arrested and charged with Aggravated Battery and Wrongful Imprisonment in September 2018 after an alcohol-involved domestic dispute with his wife; (3) was arrested and charged with Minor in Possession of Alcohol twice in 2002, once while operating a motor vehicle; and (4) was arrested and charged with Underage Drinking in 2001. Finally, the LSO states that, in April 2019, the Psychologist diagnosed the Individual with Substance Use Disorder-Alcohol, mild in severity, without adequate evidence of rehabilitation or reformation under the Diagnostic and Statistical Manual-Fifth Edition. At the hearing, the Individual testified that he enjoys attending Alcoholics Anonymous (AA), but he disagrees with the philosophy that he can never consume alcohol again. The DOE Psychologist opined that the Individual is not rehabilitated or reformed. He stated that the Individual needs to attend an Intensive Outpatient Program and see a substance abuse therapist, along with AA. He concluded that he could not give the Individual a good prognosis for recovery. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should not be granted at this time. OHA Case No. PSH-19-0051 (Janet R. H. Fishman).