PSH-21-0036 - In the Matter of Personnel Security Hearing

On June 21, 2021, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was arrested and charged with Driving under the Influence (DUI) in 2019. Although the Individual denied feeling intoxicated, his blood alcohol content was measured at .231g/210L. The Individual met with a DOE-contracted Psychologist (DOE Psychologist) in October 2019. During the clinical interview with the DOE Psychologist, the Individual represented that he usually consumed one or two drinks weekly and could not recall the last time he was intoxicated. However, the results of a Phosphatidylethanol (PEth) test provided evidence that the Individual was consuming more alcohol than he admitted. The DOE Psychologist diagnosed the Individual with Alcohol Use Disorder (AUD), Mild, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition and recommended that he abstain from alcohol for at least twelve months, undergo random EtG tests and at least two PEth tests during his period of abstinence, and participate in Alcoholics Anonymous (AA) on a weekly basis. At the hearing, the Individual provided PEth and EtG test results, including a positive PEth test which showed that the Individual had consumed alcohol, and testified that he had abstained from alcohol since a period of binge drinking approximately eight months prior to the hearing which was captured on the positive PEth test. The Individual also indicated that he attended online AA meetings. However, the Individual testified that he mostly observed the meetings, did not have a sponsor, and was not methodically working the twelve-step AA program. Additionally, unusual time stamps on the Individual's electronic attendance sheets called into question whether he had in fact attended some of the meetings he claimed to have attended. The Administrative Judge determined that the Individual had not resolved the security concerns under Guideline G because the Individual admitted to binge drinking within eight months of the hearing, failed to demonstrate twelve months of abstinence from alcohol as recommended by the DOE Psychologist, and did not substantively participate in AA meetings or otherwise pursue treatment for his AUD. Therefore, the Administrative Judge concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0036 (Janet R. H. Fishman).