PSH-21-0050 - In the Matter of Personnel Security Hearing

On June 30, 2021, an Administrative Judge determined that the 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. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Under Guideline G, the LSO alleged that (1) the DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder (AUD), Moderate, without adequate evidence of rehabilitation or reformation, and further concluded that the Individual's AUD " causes, or may cause, a significant defect in judgement or reliability[;]" (2) random BAT results on April 1, 2020, indicated blood alcohol levels of 0.029 and 0.028, and the Individual admitted that the night before, he had consumed four mixed drinks, each containing two shots of vodka; (3) random BAT results on January 27 2017, registered a BAC of 0.06, and during a subsequent interview, the Individual admitted that he had consumed approximately five sixteen-ounce beers in addition to smaller beer samples between the hours of 7:20 pm and midnight the previous evening.

At the hearing, the Individual and three other witnesses testified. The evidence established that the Individual began attending Alcoholics Anonymous meetings in April 2020, attending approximately sixty-five meetings at the time of the hearing. The evidence also showed that the Individual had remained abstinent for over a year, which was corroborated by a number of negative alcohol tests. The Individual had also been attending therapy since December 2020, and further, his therapist testified that although the Individual had met the criteria for AUD in the past, the Individual had remained abstinent for more than a year. The DOE Psychiatrist testified that the Individual was in sustained remission and had shown adequate reformation and rehabilitation. Based on credible testimony from the lay witness, the Individual, and two experts, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concludes that the Individual's access authorization should be restored. OHA Case No. PSH-21-0050 (Janet R.H. Fishman).