PSH-20-0024 - In the Matter of Personnel Security Hearing

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On March 5, 2020, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual disclosed on an Electronic Questionnaire for Investigations Processing that he had been arrested and charged with Driving While Intoxicated (DWI) on three occasions. In response to a letter of interrogatory issued to him by the local security office, and in a clinical interview with a DOE-contracted Psychiatrist (DOE Psychiatrist), the Individual represented that he was a moderate consumer of alcohol. However, a laboratory test ordered by the DOE Psychiatrist showed that the Individual was drinking much more alcohol than he had reported, and suggested that he was habitually consuming alcohol to the point of impaired judgment, binge consuming alcohol to the point of impaired judgment, or both. The DOE Psychiatrist recommended that the Individual demonstrate rehabilitation or reformation by abstaining from alcohol for one year, undergoing alcohol testing to provide evidence of his abstinence, participating in an outpatient counseling program, and attending Alcoholics Anonymous meetings. At the hearing, the Individual testified that he had abstained from consuming alcohol for approximately three months. However, he did not follow any of the DOE Psychiatrist's recommendations as to treatment or testing and asserted that he did not believe that doing so was necessary if he could abstain from alcohol on his own. Numerous coworkers of the Individual testified that he was a reliable person and that he had told them that he was abstaining from alcohol. The DOE Psychiatrist testified that, in the absence of alcohol testing to prove the Individual's abstinence from alcohol, he had no basis to revise his opinion. The Administrative Judge determined that the Individual's testimony alone was not sufficient to establish that he had abstained from alcohol, and that even if the Individual had abstained from alcohol for three months that doing so was insufficient to mitigate the security concerns under Guideline G in light of the Individual's non-compliance with the DOE Psychiatrist's treatment recommendations. Therefore, she determined that the Individual should not be granted access authorization. OHA Case No.  PSH-20-0024 (Kimberly Jenkins-Chapman).