Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
January 29, 2021
minute read time
Personnel Security Hearing
Personnel Security; Access Authorization Restored; Guideline G (Alcohol Consumption)
On January 26, 2021, 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 April 29, 2019, the Individual tested positive on a random breath alcohol test (BAT) at work. In October 2019, the Individual met with a DOE consulting psychologist (DOE Psychologist) for an evaluation. Following the evaluation, the DOE Psychologist issued a psychological evaluation report (Report), in which she concluded that the Individual met the diagnostic criteria for Alcohol Use Disorder (AUD), Mild, in early remission. During the hearing, the Individual reported that he last consumed alcohol on April 28, 2019, the day before the positive BAT. He further showed that he had successfully completed an intensive outpatient treatment program (IOP) and was actively attending and engaged in the aftercare program. He additionally submitted evidence of monthly alcohol tests, all of which were negative. After reviewing the evidence and observing all of the testimony at the hearing, the DOE Psychologist determined that the Individual had met all her treatment recommendations and that his AUD was now in sustained remission. The Administrative Judge determined that the Individual resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-20-0044 (Katie Quintana).
Personnel Security; Access Authorization Not Restored; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Misuse)
On January 28, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. During the security clearance reinvestigation process, the Individual submitted a QNSP certifying that he had not used illegal drugs or controlled substances in the past seven years, nor illegally used drugs or controlled substances while possessing a security clearance; however, he later admitted to using marijuana two times during that period. Consequently, the DOE suspended his security clearance citing Guidelines E and H of the Adjudicative Guidelines.
At the hearing, the Individual did not dispute the DOE's allegations but rather provided witness testimony to clarify and supplement the record. At the conclusion of the hearing, the AJ remain concerned that the Individual's falsifications of relevant information on the QNSP were deliberate because, in part, he did not provide credible testimony surrounding his motivation for providing inaccurate information. Accordingly, the AJ concluded that the Individual had not mitigated the Guideline E security concerns. As for the Guideline H concerns, the record convincingly suggested that the Individual's past drug use was infrequent, and it occurred long ago under life circumstances that no longer exist. As such, the AJ found that the Individual had mitigated the Guideline H security concerns.
Accordingly, the Administrative Judge concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-20-0034 (James P. Thompson III).
Personnel Security; Access Authorization Not Restored; Guideline G (Alcohol Consumption)
On January 29, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. During the security clearance reinvestigation process, the Individual admitted derogatory information relating to his past alcohol consumption. After further investigation, a DOE contractor psychologist diagnosed the Individual with Alcohol Abuse Disorder, Severe. Consequently, the DOE suspended the Individual's security clearance citing Guideline G of the Adjudicative Guidelines.
At the hearing, the Individual did not dispute the DOE's allegations but rather provided witness testimony to clarify and supplement the record. At the conclusion of the hearing, the AJ found persuasive the opinion of the Psychologist that the Individual was not yet rehabilitated. The AJ further found that the Individual had not presented evidence that he had developed substantial skills to cope with the circumstances and stresses of life that triggered his concerning alcohol consumption in the past. Consequently, the AJ concluded that the Individual had not mitigated the Guideline G security concerns. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0004 (James P. Thompson III).
Personnel Security; Access Authorization Restored; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption)
On January 29, 2021, 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. In October 2018, the Individual's employer issued him a written reprimand for misuse of the sick leave policy when he used sick leave, instead of vacation time, to attend a company hosted event, to which the Individual brought and consumed alcohol. In response to this incident, the Local Security Office (LSO) provided the Individual with a Letter of Interrogatory (LOI), which he completed in July 2019. He later underwent a psychological evaluation by a DOE consultant psychiatrist (Psychiatrist) in December 2019. Following the evaluation, the Psychiatrist diagnosed the Individual with Alcohol Use Disorder, Moderate, in Early Remission, without adequate evidence of rehabilitation or reformation. During the hearing, the Individual reported that he last consumed alcohol on November 19, 2019. He further showed that he successfully completed an alcohol treatment program and was actively engaged in AA, a recovery group, and counseling. After reviewing the evidence and observing all of the testimony at the hearing, the Psychiatrist testified that the Individual "exceeded" all treatment recommendations and opined that the Individual is in full sustained remission with a "good" prognosis. The Administrative Judge determined that the Individual resolved the security concerns associated with Guideline E and Guideline G. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-21-0002 (Katie Quintana).