PSH-20-0056 - In the Matter of Personnel Security Hearing

On August 26, 2020, an  Administrative  Judge  determined  that  an  Individual  should  be  granted access authorization  under  10 C.F.R.  Part  710.  The  Individual  is  employed  by  a  DOE contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol  consumption,  psychological  condition,  and  previous  criminal  conduct.  Under Guideline G, the LSO cited the Individual's six alcohol-related arrests. Under Guideline I, the   LSO cited the Individual's diagnosis  of  Unspecified  Alcohol-related  Disorder,  as  determined  by the DOE Psychologist, and his continued  consumption  of  alcohol  to  excess.  Under  Guideline J, the LSO cited the Individual's six past  alcohol-related  arrests  in  addition  to  his 2004 arrest for Patronizing Prostitution.

At the hearing, the Individual and two other witnesses testified. The two witnesses were his   current and former supervisors. They both testified that they have never smelled alcohol on or about the person of the Individual and spoke highly of his work ethic.  The  Individual  testified  that he has remained abstinent since January 1, 2020, that he complied with all  judgments  rendered in his criminal matters, and no longer associated with the same individuals he did in  2004. The Individual testified to a strong support system, and his desire to continue living as a law-abiding citizen. Further, at the hearing, the DOE Psychologist revised her opinion to state    that she believes there has been sufficient rehabilitation to restore judgment and reliability. The DOE Psychologist noted that he did not have any positive test results from random

workweek testing, that he has had sixteen hours of alcohol-related education, that she initially diagnosed him with a mild  unspecified  alcohol-related  disorder,  and  the  fact  that  the Individual had reduced stressors in his life. Additionally, six years have passed since the Individual's last  alcohol-related  arrest  and  he  has  since  secured  steady  employment.  Based  on the Individual's credible testimony and the DOE Psychologist's expert opinion, the Administrative Judge concluded that the Individual had mitigated all security concerns stated        in the Notification Letter. The Administrative Judge therefore concluded that the  Individual  should be granted access authorization. OHA Case No. PSH-20-0056 (Steven L. Fine).