PSH-20-0018 - In the Matter of Personnel Security Hearing

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On March 16, 2020, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a
DOE contractor in a position that requires him to hold a DOE security clearance. On two occasions, each for a separate incident, the Individual reported to the local security office (
LSO) that he had been arrested for driving under the influence of alcohol. Consequently, the LSO referred the Individual for psychological evaluation, and the psychologist determined the Individual met the criteria for Alcohol Use Disorder, Moderate, and provided recommendations for rehabilitation or reformation. The LSO subsequently suspended the Individual's security clearance due to concerns arising from the Individual's diagnoses and alcohol use, his alcohol-related criminal offenses, and his past arrest and criminal history. During the hearing, the Administrative Judge found that the Individual had mitigated the Guideline G concerns because, among other reasons, he had abstained from alcohol for over a year as recommended by the diagnosing psychologist, acknowledged his maladaptive alcohol use, successfully completed an in-patient treatment program, actively participated in AA, and developed a supportive network. The Administrative Judge also found the Individual had mitigated the Guideline J concerns because the Individual had resolved the underlying issues with alcohol consumption and, for the other non-alcohol related instances of criminal conduct, demonstrated sufficient time had passed without recurrence of the concerning behavior. As such, the Administrative Judge concluded that the Individual's access authorization should be restored. OHA Case No. PSH-20-0018 (James P. Thompson III).