Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
November 20, 2020
minute read time
On November 18, 2020, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual had a longstanding history of Major Depressive Disorder (MDD). However, the Individual had maintained a DOE security clearance for several years. However, police arrested and charged the Individual with Driving under the Influence of Alcohol (DUI). After being informed of this incident, a Local Security Office requested that the Individual undergo an evaluation by a psychologist (the Psychologist). After interviewing the Individual, reviewing her medical and security records, and administering a Psychological screening test, the Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI) to her, the Psychologist concluded that that the Individual met the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5) criteria for MDD, and Alcohol Use Disorder (AUD). The Psychologist further opined that her current medication regimen, lack of sleep, and AUD are risk factors for recurrence of her MDD. The Psychologist also concluded that the Individual has not engaged in effective treatment or evaluation of her AUD, or it's interaction with her MDD. The Psychologist also expressed concern that the Individual was maladaptively using alcohol to address her social anxiety. The Psychologist reported that the Individual admitted that she continues to use alcohol, and stated that she wants to continue using alcohol while socializing because she did not want depression to control her life and because alcohol makes her feel good. The Psychologist recommended that the Individual obtain counseling, abstain from alcohol use, and obtain a new evaluation of her psychiatric medication regimen.
The Individual submitted supportive letters prepared by the counselor who supervised her Early Intervention Program. That counselor concluded that the Individual did not meet, the DSM-5 criteria for AUD. The Individual also submitted letters from her treating psychiatrist, and her treating therapist indicating that her MMD has responded well to treatment, and that her MDD has been stabilized for many years.
At the hearing, the Individual admitted that she continues, and intends to continue using alcohol. Her hearing testimony made clear it that she does not accept that she has AUD, and that she does not recognize the dangers posed by her continuing alcohol consumption. Accordingly, the AJ found that the security concerns raised by her DUI arrest and her AUD had not been resolved. The AJ further found that the Individual's criminal activity concerns are inextricably linked to her AUD, and that because the Individual's AUD remains active, the security concerns raised by her DUI, under Guideline J, had not been resolved.
The AJ did however, conclude that the security concerns raised under Guideline I had been resolved, given her treating therapist and psychiatrist's opinions and her MMPI results showing that there was no elevation in her depression scale.
Accordingly, the AJ found that, while the Individual had resolved the security concerns arising under Guideline I, she had not resolved the security concerns arising under Guidelines G and J. OHA Case No. PSH-20-0069 (Steven Fine).