Personnel Security; Access Authorization Granted; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
December 23, 2020On December 23, 2020, an Administrative Judge determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual was arrested and charged with Driving Under the Influence (DUI) in December 2018. The Individual subsequently met with a DOE-contracted Psychologist (DOE Psychologist) for a clinical interview. During the clinical interview, the Individual reported that he continued to consume alcohol after his arrest and only stopped after he was court-ordered to abstain from alcohol. The Individual also disclosed that, prior to his arrest for DUI, he consumed alcohol to intoxication on a weekly basis. The DOE Psychologist concluded that the Individual binge consumed alcohol to the point of impaired judgment and met the diagnostic criteria for Alcohol Use Disorder under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5). The DOE Psychologist recommended that the Individual demonstrate rehabilitation or reformation by abstaining from alcohol for at least nine months and undergoing laboratory testing to verify his abstinence from alcohol. The DOE Psychologist stated that he would have more confidence in the Individual's recovery if the Individual also participated in an intensive outpatient program for alcohol use or Alcoholics Anonymous. At the hearing, the Individual testified that he had not consumed alcohol for approximately eighteen months, provided the results of alcohol testing to support his claimed abstinence from alcohol, participated in individual therapy with a psychologist, and successfully completed a court-ordered substance abuse program. The DOE Psychologist opined that he believed that the Individual's treatment regimen was effective and that the Individual had a very good prognosis for avoiding returning to problematic alcohol consumption. In light of the Individual's abstinence from alcohol and participation in treatment, as well as the positive prognosis from the DOE Psychologist, the Administrative Judge found that the Individual had resolved the security concerns under Guideline G. Therefore, the Administrative Judge concluded that the Individual should be granted access authorization. OHA Case No. PSH-20-0036 (Kimberly Jenkins-Chapman).